Agricultural lands are certain allotments outside the city limits that are issued for livestock breeding or for the cultivation of fruit and vegetable crops, grain. For such activities, such sites are provided to the public.
However, in such territories, legislation allows the construction of residential buildings, premises, utility structures. Their presence should not contradict the main purpose of the site.
Is it possible to transfer agricultural land under private housing construction? How to make them legally suitable for individual housing development? The answers to these questions will be considered in the article.
Legislative regulation
How to transfer agricultural land under individual housing construction? The answer can be found in the following legislation:
- Land Code of the Russian Federation.
- Federal Law "On the Processing of Agricultural Land".
- Town Planning Code of the Russian Federation.
- Legislative base on registration of property rights.
How to transfer agricultural land under individual housing construction? The above-mentioned legislative documents determine which land plots belong to agricultural land plots, what is allowed and forbidden to grow in such territories, what kind of activity is permissible, what kind of buildings can be erected. Here are concentrated descriptions of all the nuances of using such sites.
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 took place in 2014. This applies to registering transactions and establishing the rights of the owner.
In particular, the principle of withdrawing this kind of land from individuals and legal entities was clarified:
- Cases when the use of agricultural land violates the current legislation of the Russian Federation. In particular, when their use is harmful to the environment, it reduces soil fertility.
- A land plot may be confiscated if the owner does not plant vegetables, fruit crops, grains on it, but uses the territory for other unrelated activities.
- When the term of use of the site 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 period of time preparing the lands for their further agricultural use. For example, throughout the year he applied fertilizers to make the soil fertile. Also, the period of use can be extended if this land allotment suffered from natural disasters or other force majeure circumstances.
The degree of responsibility for violation of the requirements and requirements for the correct use of the agricultural land plot as a whole has been tightened. This is reflected in the Code of Administrative Offenses. Now, a certain monetary fine is imposed for the violation.
Translation Order
Based on the foregoing, we see that the construction of residential buildings on agricultural land is unprofitable. Sometimes this can be considered a violation of the law. Therefore, their translation into another category is required.
Is it possible to transfer agricultural land under private housing construction? Yes, a lawyer with the appropriate specialization will help you with this. If you think that you can handle this matter on your own, this instruction on transferring land is presented to your attention:
- Make a document confirming your ownership of this land allotment. This is a lease or certificate of ownership.
- Get a cadastral passport. This document must contain information about the survey. It is placed on the second sheet of KB 2 along with the drawing, where the boundaries of your site are indicated.
- Prepare a document with the coordinates of your land plot. Such paper can be ordered from surveyors, cadastral engineers, specialists of land management companies.
- Make a reference on the location of the land. It should indicate whether it is located within the city or beyond its borders. Paper is drawn up in the local municipality. It should be noted that at present the length of the city line 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. At this institution you need to write a request for changes. Within 30 days they are required to draw up.
- When specialists make adjustments to the database, you will be given an updated cadastral passport. There will be indicated the new status of the land - IZHS.
This does not end the transfer of agricultural land to a new category of use. When you receive a cadastral passport, you need to make changes to the document confirming your ownership of the site. This is a certificate of ownership or a lease.
Amendment of certificate: registration
How to transfer agricultural land for gardening? Follow the instructions above. Only when drawing up a statement in 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 receive a cadastral passport with a new land status, you need to deal with the renewal of the certificate of ownership. First you need to make an appointment with the registration chamber:
- On the website of Rosreestr.
- In the nearby multifunctional center.
- A call to the MFC hotline.
- Make a personal visit to the local branch of the above organization and get a ticket. This is the easiest way, as the authors of reviews of this procedure show. It is usually required to queue for coupons in the morning. There are a lot of people who want to make an appointment. 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 Certificate: Process
If you received a coupon, you must come to the registration chamber by the time and date indicated in it. You should have the following papers:
- ID document.
- New cadastral passport.
- Old certificate of ownership.
Do not forget to pay the state fee. In reviews, people who have passed the procedure are advised to do this in advance. In MFC, for example, there may not be suitable terminals for payment. Therefore, it is worth taking the necessary details already upon receipt of the coupon, making a payment in advance at the bank and arriving at the reception already with the receipt.
If you have a lease in your hands, then you need to act in the same way: collect documents, pay state duty. But in this case, you do not apply to the cadastral chamber, but to the city administration.
Now you have in your hands all the documents that confirm the status of IZHS for your land. It is possible to build a house on it, but not higher than 3 floors.
The necessary documents
We list all the papers that you will need at all stages of the change of land status:
- Certificate of ownership / lease.
- Topographic survey of the site on a scale of 1: 500 (to determine whether it is within the city limits).
- Directory with allotment coordinates.
- Certificate from the administration of the settlement (whether the land is within the city).
- Cadastral passport to the site.
- Land survey on your land.
This is the most general list. In certain regions, cities, it can be changed.
Positive reviews
How to transfer agricultural land under IZHS through the court? This is an extreme measure. Most authors of reviews of the procedure do without it. They note the following advantages from transferring their plots to IZHS status:
- Advantages when selling (such land is valued more expensive).
- The right to freely build a house, the possibility of registration in it.
- Reduction 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 intend to perform the entire procedure yourself, the following costs await you:
- State duty in the cadastral chamber: 200-400 rubles.
- State duty in the registration chamber: 200 rubles.
- Site coordinates catalog: 1000-1500 rubles.
- Topographic survey: 8000-30 000 rubles (depending on the terrain, the area of the site, the number of tablets for applying data).
If you entrust the conduct of the case to a lawyer, then it will cost 50,000 - 100,000 rubles more. The amount depends on the complexity of the case, the status of a law firm, the professional experience of a specialist, your region of residence.
It is possible to transfer agricultural land under IZHS today. The procedure has both pros and cons. You know now how to go through it yourself, how much a lawyer costs.