Everyone who was somehow connected with the purchase or sale of summer cottages had to deal with mysterious abbreviations like IZHS and LPH or SNT, which, in essence, indicate the status of the land. But what exactly is meant by them, and what is the difference between IZHS and LPH? IZHS is an individual housing construction, and private household plots are a personal subsidiary farm.
Land categories
All the lands of Russia belong to various categories. This may be the lands of settlements, industrial lands belonging to the State Forest Fund, agricultural purposes, as well as lands of the water protection zone. On the first category and agricultural land (and only on them) you can build houses. At the same time, the lands of settlements within settlements have differences in permitted uses. LPH and IZHS have particular features - what is the difference, we will tell below, there are agricultural lands that are divided into DNP (summer non-profit partnership), SNT (garden non-profit partnership) or again LPH. Officially, IZHS and LPH can be built, but on the plot of agricultural land (LPH) without permission, any construction is prohibited, and the construction of a house without permission is fraught with its rapid demolition (they will obligate to dismantle if there is no permission). In a word, it is possible to build officially on land under IZHS and LPH, but with certain limitations.
Individual housing
On the land intended for private housing, it is allowed to build private houses (detached), the number of floors of which should not exceed three, and this house should be intended for living in one family. This is the difference between LPH and IZHS.
Registration, medicine and postal services
For owners who are especially prudent and able to count money, it will not be superfluous to know that after investing money in the PLW for construction, you can get a tax deduction in accordance with Russian laws. In the built house, you can get a residence permit, and, accordingly, medical services, police services and state mail. Among the disadvantages of PLWHA, the main one is the restriction on the size of the land plot, there is also a need to coordinate the project of the house with all instances, since the rules of GOST and SNiP are fully applied to the construction. But here is the difference: IZHS and LPH are lands on which you can build a house, but the owner of a personal subsidiary farm will not be very strict about the approvals for development issues. It should be remembered that, according to the law, if within 3 years a plot allocated for construction is not built up, it can be taken from the owner.
Standards for IZHS
What is IZHS and LPH in the context of the legislation? The landlord who has acquired the land allotment for individual housing construction must be guided by the standards prescribed in SNiP 30-102-99 “Planning and development of the territory of low-rise housing construction”. On these lands, you can build low-rise houses and cottages, utility buildings - sheds, garages, baths, greenhouses. It is necessary to take into account the presence of a conditional border - the red line, which is the limit of the building. At the same time, all necessary engineering communications (water, electricity) should be provided to the owner of the site by the local government. According to the above SNiPu, a private house intended for living should be located at least five meters from the street border (meaning the main street) and at least three meters from the “red line” of driveways.
Now we will discuss one more important factor concerning the land of LPH and IZHS: what is the difference in terms of fire safety standards? There should not be less than three meters to the neighboring section, and there should be a distance of more than six meters between the windows of the neighboring sections. The distance between the buildings of the neighbors should lie in the range from six to fifteen meters.
Personal subsidiary plots - LPH
Any lawyer, when asked about private household plots and private housing, what is the difference, will immediately hasten to inform that personal subsidiary plots today belong to an outdated category, and today you can’t buy them in a village designated for the construction of cottages. These lands can be purchased directly from the owners, while they can be located both in the settlement and on the field. It should be remembered that the process of registering a subsidiary plot of private household plots can be difficult, nevertheless, this land allotment can be used by the owner for the production of agricultural products, that is, the owner has the opportunity to grow agricultural crops. If this land allotment occupies an area within the settlements, the landlord can build a house on it in the presence of approvals of all kinds (fire safety standards, sanitary and hygienic requirements).
On the site outside the settlements it is prohibited to erect a building by the legislation of the Russian Federation. The owner of the personal farm IZHS or LPH (what is the difference, it does not matter) makes all decisions independently, while a resident of SNT depends on the general meeting, on the conditions and decisions of the partnership, since this participant is a member of gardening. LPH land can be registered, but the issue of building a house on the site is regulated by the decisions of the local administration, which may prohibit the construction of buildings. In accordance with Federal Law 112 (Article 4, Clause 2), land plots of private household plots should be used primarily for growing and processing agricultural products, and only then for the construction of buildings. For the use of the land allot for other purposes, the owner faces either a fine or the deprivation of this property until its sale at auction.
Settlement and farmland
The differences between private house plots and private household plots in the village are mainly that if the owner decides to build a house and register on the private plot, he will have to do this in a court of law with a certain evidence base, while the owner of private house plots can register in the built house without restrictions. In the village, the owner has the opportunity to transfer the status of land from private household plots to private housing. And you can build houses on them. Agricultural lands that fall under the jurisdiction of the Land Code of the Russian Federation (Article 77) should mainly be used for growing crops and gardening, and if they are intended for development, then with certain reservations.
Taxes - Feel the Difference
What is the difference - IZHS and LPH and areas of DNP or SNT in terms of taxation? Tax accruals of IZHS and country non-profit partnerships are formed on the basis of the cadastral value and tax rate (IZHS has a higher tax rate), respectively, the owner of IZHS will pay more to the treasury. But the owner of the DNP or SNT can build the house himself, without any approval.
Correct written
Suppose you want to build a house on LPH land. To do this, it is necessary to change the purpose of the plot, that is, transfer agricultural land to a different status, and this is regulated by the Land Code (Article 79) and Federal Law No. 172-FZ on December 21, 2004. In this case, the decision to transfer land from one status to another is made by the chapter district administration. To re-register the land, an extensive package of documents is required, which includes the justification for the transition from one status to another, documents describing the location of the land, its value, as well as the conclusions of state bodies.
Upon the provision of documents, all necessary payments must be made. This applies to both utility bills and arrears for the withdrawal of land from agricultural circulation. The rules of procedure will not show us what the difference is, IZHS and LPH are transferred to a different status at the same time - from six months to one year, and the procedure is the same for both types of land plots.
Note to businessmen
Many businessmen who have a desire to start industrial production on their sites ask themselves questions: if there are land for private property and individual housing construction - what is the difference between them in terms of re-registration, because it is simply impossible to organize production on agricultural land? If you need to change the status of the land allotment, it does not matter which abbreviation your land has. The lion's share of the success of this event will depend on the quality and value of the land in question.
If the land is of high importance in terms of agricultural work (fertile) and its cadastral value is high, then in this area, most likely, they will not be allowed to build an industrial facility. If the site is estimated by the cadastre to 30% less than the level average for the area, then the owner has a better chance of replacing his intended purpose. On such lands, the construction of industrial facilities - roads, pipelines and the like.