Each plot of land has its own category and purpose. The owner of the territory is obliged to use the allotment only in accordance with these parameters. But often people who own land, which is used for agriculture, think about the possibility of building a private house at this facility. To do this, you need to understand how to transfer agricultural land to IZHS. Only after the completion of this process is it possible to legally build a private structure on this land, used for permanent residence of people.
Types of land
All plots are divided into several groups, for which their purpose is taken into account. The rules for using the plots depend on this purpose, therefore, in some areas construction of any real estate objects is not allowed.
The following types of plots are available:
- for the formation of full-fledged settlements;
- for agricultural work;
- for individual housing construction;
- special purpose, for example, for use in industry or for the creation of roads;
- lands related to the forest or water fund;
- protected areas in which any significant resources are usually located;
- reserve lands.
The most significant for citizens are lands that can be used for housing construction. They are exclusively within the boundaries of a locality.
Pros and cons of translation
Before transferring land from agricultural land to individual housing construction, all the advantages of such a solution should be evaluated. The advantages include:
- there is the opportunity on the territory to build a private residential building suitable for permanent residence of people;
- the building is assigned an address;
- You can get a registration in such a building;
- the state is obliged to provide the owner of the territory with the opportunity to conduct communications and use various social services;
- if necessary, a tax deduction can be obtained;
- the site and the building on it can be used as collateral when applying for large loans.
But even with many advantages, such a translation has some disadvantages. These include the fact that the state can reduce the territory intended for the construction of a house. In addition, numerous bureaucratic delays arise, since it is necessary to draw up many documents on the land and the future structure.
Translation Terms
Many citizens who own plots that are used only for farming, think about whether it is possible to transfer agricultural land to IZHS. The procedure can indeed be carried out, but only subject to certain conditions. If without this transfer a person builds a private residential building on the ground, then he may face negative consequences, represented not only by a fine, but also by the requirement to demolish the building.
Therefore, the owner of the territory must first study the contents of the Federal Law No. 172. Transfer of land from agricultural purpose to IZhS is possible only if the following conditions are met:
- the site is really located in a certain populated city;
- in the process of using the territory, significant damage was inflicted on it, which does not allow further use of land for agriculture;
- economically, the use of land for agriculture is disadvantageous.
There are other reasons for the existence of which the owner of the territory can count on transferring the territory from one category to another. Before transferring agricultural land to IZHS, it is important to prepare a lot of documents. They are submitted to the local administration of the region for consideration. Only on the decision of the municipality does the possibility of translation depend.
Stages of the procedure
The transfer of agricultural land under private housing construction is carried out in a certain sequence of actions. To do this, the steps are:
- the necessary documents are initially prepared by the owner of the territory;
- an application with other papers is transmitted to the representative of the municipality of a particular region;
- state duty is paid;
- if the administration makes a positive decision, then an act is issued to the applicant, on the basis of which a change in the category of land is made;
- necessary changes are made to Rosreestr.
The exact list of documents required by the administration can be obtained from the representative of the municipality. If even one document is missing, the application will not be accepted for consideration.
What documents will be needed?
Before you transfer agricultural land to IZHS, you will have to prepare a lot of documents. They are submitted to the administration of the region for consideration. The exact number of papers can be checked directly with the employees of the municipality. Typically, the translation requires the following documents:
- a statement drawn up in the name of the head of the land department of the municipality, this document should contain information about the cadastral number of the plot, its category and other parameters, as well as the reasons for the transfer to IZHS;
- a copy of the applicant’s passport;
- title documents on the territory;
- extract from the USRN, confirming that the applicant is the owner of the land;
- if the owner of the allotment is officially married, then the consent of the spouse for the transfer is required;
- in some cases, a conclusion is required after an environmental impact assessment.
If necessary, representatives of the municipality may require other documentation.
Process cost
Initially, you should make sure whether it is possible to transfer agricultural land to IZHS, for which some conditions must be met. If there is an opportunity for a transfer, you will have to prepare for some spending.
A state duty is paid to complete the procedure. It does not have any fixed value, since it depends on the cadastral value of land. Therefore, 30% of the cadastral price of the object is paid for the transfer. The calculation can be carried out independently by the land owner or you can take a receipt from a representative of the municipality.
Information on the amount of cadastral value can be obtained at the Federal Registration Service, for which an extract from the USRN is ordered. If the transfer procedure is carried out by specialized companies offering appropriate services, then additionally 10 to 50 thousand rubles are paid for their work.
Translation terms
The transfer of agricultural land to private housing is considered a specific process. An application filed with the local administration is considered within a maximum of 60 days. It is allowed to extend this period to three months if any specific circumstances arise.
Notification of the decision is transmitted to the applicant within 30 days after consideration of the application and other documents.
When can a refusal be received?
Before submitting documentation, you should check whether agricultural land is transferred to IZHS, since the procedure can be performed only on condition that the immediate allotment meets certain requirements. Often, citizens applying to the municipality are faced with a denial.
The main causes of failure include:
- the package of documents transmitted to the municipality does not contain any important documents;
- it is revealed that some papers contain false information;
- the territory cannot be transferred to IZHS, as it does not meet certain requirements;
- there is any restriction on the earth;
- as a result of the environmental review, it was found that the territory cannot be used for permanent residence of people;
- the cadastral value of the plot is too high.
The reason for the refusal will be indicated in the notification that the applicant receives after considering the application. A citizen should initially take into account that lands with special purposes and used in the form of a meadow or pasture cannot be used for housing construction.
Is it possible to challenge a negative decision?
If the refusal to transfer the allotment is unreasonable, then such a decision of the municipality may be challenged. To do this, you first need to try to resolve the issue in a peaceful way, for which a pre-trial claim is drawn up and sent to the head of the administration. It indicates a request to review a previously adopted decision.
If with the help of the claim it is not possible to achieve the desired result, then it will be necessary to challenge the negative decision of the municipality in court. To do this, file a lawsuit in court at the location of the site. Documents confirming the possibility of transferring the territory to another category are attached to it. In judicial practice, there are cases when the decision of the administration was really disputed, so the owner of the plot could change the category of land.
Tax rules
A significant advantage of transferring land to IZHS is the ability to use preferential taxation. When performing such a process, the owner of the territory can count on the use of a tax deduction.
It is taken into account that if within 10 years after the transfer the process of building a house was not started, the owner of the site will pay a double tax on land. Therefore, it is advisable immediately after receiving a positive decision from the administration to begin the construction of a residential building.
Conclusion
Many landowners who have allotments that can only be used for agriculture are thinking about how to transfer agricultural land to IZHS. The process can only be performed subject to certain conditions and requirements. To do this, you will have to apply with the necessary package of documents to the local administration of the region.
There are some reasons for which a refusal to transfer an allotment may be obtained. In case of an unreasonable refusal, the owner of the territory may file a claim with the head of the regional administration or file a lawsuit at all.