Lands in Russia have various categories. One of the criteria for separation is the targeted use of the territory. In the article, we consider the concept of agricultural land.
general information
The area of agricultural land is quite large. In this regard, they are located beyond the boundaries of the territories of settlements. These territories are intended for certain types of activities related to agriculture. The following categories of agricultural land exist:
- For livestock.
- For the organization of a subsidiary farm.
- For the production of agricultural products.
- For gardening.
- To organize a farm.
- For suburban construction.
This list is set in Art. 76 ZK. If there is agricultural land in legal possession, is it possible to build a house? The regulations establish the rules depending on the permitted use of the allotment. To answer this question, it is advisable to consider the main species separately.
LPH
Agricultural land of Russia is one of the most valuable natural resources. In this regard, the legislation on the use of territories is regulated. For each type of site, its own special rules are established. Agricultural lands include territories allocated for private household plots. Such sites are intended for agricultural activities. It should be noted that these agricultural lands are popular among the population. This is due to the relatively low cost of land. Along with this, such territories have disadvantages. In particular, construction on agricultural lands allocated for private household plots is not allowed.
Summer house, gardens and kitchen gardens
For many, agricultural land is primarily suburban real estate. The plots allocated for cottages are used for cultivating cultivated plants and recreation. On such lands you can build buildings, for permanent residence as well. Non-profit associations of citizens: consumer cooperatives, partnerships, partnerships are created in areas intended for gardening. The main purpose of their activities are agricultural work. The regulations provide for certain opportunities for entities that have acquired agricultural land. What can be built on the plots? You can build capital facilities, including permanent residence. At the same time, owners are provided with registration in the houses. Such an opportunity was determined by the Resolution of the Constitutional Court of April 14, 2008
Peasant farming
Several citizens who have their own property can combine it and create a society, the main activity of which will be the production and sale of agricultural products. Its founder can be one person. If there are several citizens, then the ownership of land, inventory and other common property will be shared.
Livestock
Another area of agricultural land use is the cultivation and grazing of livestock. In addition, in the areas allocated for livestock activities, grass is mowed to create feed reserves. Such areas include pasture and land. Construction on agricultural lands allocated for livestock farming is not allowed.
Production of agricultural products
There are certain restrictions for entities acquiring agricultural land. What can be built on such sites? On plots allocated for agricultural production, the construction of structures is allowed. They should be used exclusively for growing, processing, manufacturing products.
Agricultural land: land law
Before purchasing plots, you must carefully study the documentation. Often, in practice, citizens acquire land for purposes that are not provided for in it. Some owners, not paying attention to it, begin to conduct planned activities. Meanwhile, the legislation provides for liability for the use of land for other purposes. The norms allow a change in the purpose of agricultural land. This procedure is considered quite complicated, requiring considerable time and financial costs. The transfer of agricultural land to another category is regulated by the LC and sectoral federal laws.
Land Owners
Ownership of agricultural land may belong to:
- To citizens.
- Legal entities.
- RF
- Municipalities.
- Subjects of the Russian Federation.
The legislation provides for some prohibitions. In particular, a circle of persons who cannot own agricultural land is determined. It:
- Foreigners and foreign enterprises.
- Legal entities, whose authorized capital is 50% owned by foreign entities.
- Persons who do not have citizenship.
Transfer of agricultural land to another category
The list of cases in which it is allowed is established in Art. 7 p. 1 of the Federal Law No. 172. In accordance with it, the category can be changed in connection with:
- Preservation.
- Creation of specially protected territories.
- Placing industrial facilities.
- Construction of power lines, roads in the presence of a rehabilitation project.
- Assignment of plots unsuitable for agricultural activities to water or forest funds, as well as reserve territories.
- Implementation of the terms of international defense agreements.
To carry out the procedure, you must contact the relevant executive body - departments of municipal or regional property or the Government.
Documents
To transfer land to another category, you must fill out an application, which indicates the type of use, cadastral number. It is also necessary to describe the reasons why the procedure was started. The application shall also indicate the category into which the transfer is planned. In addition, the following documents are provided:
- Extract from the land cadastre.
- Copies of the identity document of the applicant.
- Extract from the Unified State Register.
- The conclusion of the state examination, if its implementation is provided for in law.
- Consent of copyright holders.
Completion of the procedure
The application along with the documentation is considered 2 months by the municipal or regional body, 3 months - by the government. The authorized structure may decide to transfer the allotment to another category or to refuse this. Within two weeks, the act is sent to the interested entity. In case of a positive decision, a copy is sent to the cadastral chamber. This body makes the necessary entries. After this, the documentation is sent to the structure authorized to conduct state registration of law.
Features of the provision of plots
Relations regarding ownership, use and disposition of plots are regulated by Federal Law No. 101. The regulatory act also establishes restrictions and rules in accordance with which the circulation of shares in the right of ownership and plots assigned to agricultural lands is carried out. In Art. 10 of the specified regulatory act, it is established that the provision of allotments belonging to the state or the municipality is carried out in the manner specified in the LC. A legal entity or a citizen who rents such plots and carries out activities on them in accordance with their purpose, can get them in the property or enter into a new lease agreement. The procedure for conducting transactions is established in the LC. According to Art. 80 of the Code, agricultural land is part of the redistribution fund. It is formed for:
- Conducting activities of peasant farmers and their expansion.
- Redistribution of plots for agricultural production.
- Education and expansion of private partnership.
- Grazing, livestock, gardening, horticulture, haying.
If agricultural land is in the redistribution fund, it can be provided to legal entities and citizens. These entities are entitled to enter into lease agreements. In addition, free and reimbursable transfer of land to property is allowed in cases and in the manner specified in the legislation. Plots can also be leased:
- Cossack societies.
- To research organizations.
- Religious associations.
- Agricultural educational institutions.
- To citizens.
- Small indigenous peoples of the Russian Federation.
The redemption of land ownership in these cases is not allowed.
Additionally
The legislation provides for the possibility of granting land plots owned by the state or municipality and allocated as shares held by the Moscow Region, a peasant farm or agricultural organizations using them, for rent or property without organizing and conducting tendering. This is allowed if these entities apply to the authorized local authority with a corresponding statement within six months from the date of state registration of the allotment for the municipality. At the same time, the price of the land should not be more than 15%, and the rent - 0.3% of the established cadastral value.
Withdrawal
The legislation establishes a number of cases in which the compulsory alienation of land from the owner, termination of rights to use (urgent gratuitous), ownership (inherited lifetime), lease is allowed. The rules are provided for in the LC, Federal Law No. 101. A land plot from agricultural land may be forcibly withdrawn from the owner if:
- The use of the allotment is carried out in violation of the established requirements for the rational use of the territory, if in this connection a significant decrease in soil fertility or a significant deterioration of the environment was noted.
- For three or more years in a row from the date of ownership of the property, no agricultural activity was carried out on the site or other work was carried out that was not related to the specified area.
The three-year period does not include the time during which the territory could not be used due to natural disaster or for other valid reasons, as well as the period in which the allotment is developed according to the general rule. The latter, in turn, cannot exceed two years. Forced alienation of land is carried out in a strictly defined order. The owner of the allotment is first sent a notification of the violations identified with the requirement to eliminate them within a reasonable time. Moreover, an administrative penalty may be imposed on a subject. If during the re-examination it is found that the previously identified violations have not been eliminated, the control authority is entitled to send a corresponding application to the court.
Conclusion
The purpose of classifying land into categories and types is to ensure the rational and efficient use of territories. The legislation establishes the obligations of tenants and landowners not only to conduct permissible activities in the land, but also to carry out activities aimed at maintaining them in good condition. Work that is carried out by entities should not cause damage to land and the environment. The rules provide for administrative punishment for violation of prescriptions. Controlling organizations pay special attention to the use of territories in accordance with their purpose specified in the title documents. In case of violations, the perpetrator faces administrative liability up to the forced withdrawal of land.