When allocating a land allotment, the question always arises of the permissible area, which cannot be higher or lower than the established parameters. About how to determine the minimum size of the land, about the features of its receipt by a large family, as well as the maximum area, read the article.
Who sets the limits?
The size limits of a land plot are established by several provisions of the law. This is clause 1 of article 11.9 of the Land Code and part 6 of article 30 of the Civil Code. There are also special provisions establishing limit values. At the federal level, the maximum and minimum sizes of land plots owned by the state are determined, at the regional level - the property of the respective constituent entity of the Russian Federation, and at the municipal level - related to the property of the municipality.
Features
Land is a valuable natural resource that is sufficient to satisfy the request of citizens for the allocation of land. However, this process is carried out in accordance with applicable law. In addition, the size of the plot depends on the purpose. One plot can be allocated for the construction of a summer residence, another for individual housing construction (abbreviated as IZHS), and a third for personal subsidiary farming (abbreviated as LPH).
Citizens are often interested in why certain limits of the area are set and whether, for example, they can be increased. Consider this issue depending on the purposes for which the site is needed. It:
- Construction.
- Gardening or horticulture.
- The farm.
- LPH.
When applying, a citizen must indicate what plans he has on the ground. Based on this, the area is established. For example, one minimum size of an agricultural land plot is established and the other for IZHS. Next, you need to adhere to the appropriate purpose, since allotments of land have a certain permitted use. If the operating rules are violated, the owner may be fined a significant amount of money.
Maximum limit
This concept includes not only the area of the site, but also the corresponding indentation by standards from its borders, as well as the maximum percentage of development within the allotment and the permissible number of floors. These provisions are contained in the Town Planning Regulations, which are established in all localities by local authorities. To find out this information, you should contact the administration of the municipality.
On average, 3 acres are allocated for the construction of a house. But the exact information should still be clarified. When allocating an allotment for private housing, the new owner may encounter various problems. Often, for example, conflicts arise with neighbors. But, knowing the provisions of the law, these issues can be easily resolved.
Definition
Various changes are periodically made to the Land Code. This is due to changing realities. To keep abreast of things, those who are connected in one way or another with the land, you need to keep track of these points. For example, in 2015, an innovation appeared that relates to the joining of plots located next to their own allotment. Therefore, at present, it is possible to apply to join the territory located next to the site, if it has been cultivated by the owner for a long period. Naturally, this will be possible if this territory does not belong to a private person.
Area change
There are rules that govern the attachment and the establishment of the maximum area that can be attached. These provisions are listed in Articles 39.28 and 39.39 of the Land Code and are as follows:
- It is allowed to attach land to the allotment with the building in case it is necessary to bring it into conformity according to the boundaries of the land surveying. To do this, you must have an appropriate project for the development and improvement of such a territory.
- It is possible to make a request for redistribution of the land area, if the allotment should be protected from wedging or kink.
- An increase can be achieved if gardening, horticulture, and private household plots are carried out on the site. Also valid is the reason for erecting a house for permanent (IZHS) or summer residence (construction of a summer residence).
- If the redistribution is carried out in connection with capital construction, then the land is seized in favor of the state, which is a special agreement with the owner.
It must be remembered that changing the size of the site up or down is necessarily accompanied by a land surveying procedure. For this purpose, receive a cadastral passport.
Minimum statutory limit
When establishing the minimum size of the land, local authorities are guided by federal law. In Art. 33 of the Land Code refers to the provision of an allotment. In Art. 13 of the Code provides for a minimum size of land that can be allocated to a citizen for possession or use of municipal and state property. Taking into account the needs, it has the following parameters:
- 3 acres for gardening.
- 6 acres for gardening.
- 5 acres for the construction of a summer house.
- 1 ha for livestock breeding.
- 5 hectares for farming.
In Art. 14 refers to the provision of minimum land for large families, that is, raising 3 or more children. In this case, the family is given land for free use. Its minimum is 1 hundredth.
In Art. 4 of the Law "On the turnover of agricultural land" No. 101- states that the maximum minimum size of a land plot is established in accordance with the Land Code. At the same time, the maximum minimum provided for private ownership for this purpose is 5 hectares. This is stated in Art. 15 of Law No. 101-FZ. Accordingly, in paragraph 3 of Art. 33 of the RF Labor Code it is said that the allotment limits are drawn up depending on the specific activity that the owner plans to engage in.
Use of norms
The adoption of standards on the maximum size is also regulated by the Town Planning Code, article 38 in particular. Different entities adopt their own regulations on the allocation of land. The relevant standards are observed:
- When creating new lands from state and municipal plots.
- When you select, upon request, a legal entity or an individual under IZHS, erecting a summer residence or for farming, gardening and horticulture.
- Corresponding standards apply when dividing into several sections.
- When forming an allotment from an unclaimed share of the land.
Discrepancies
If the land surveying and verification procedure has shown that the site does not fit the established maximum and minimum sizes of land plots, state registration may be refused. But if the area is an order of magnitude higher than the specified level, then the surplus can be purchased from the municipality.
Legal framework
The adoption of urban planning regulations, as well as other issues that can be addressed by municipal authorities is carried out on the basis of Law No. 136-FZ. But even if the relevant regulation is not adopted, the size of the allotments must comply with the norms of the law. The following documents are used:
- Articles of the Land Code related to this issue.
- Town Planning Code.
- Law "On Private Partnership" No. 112-FZ.
- The Law on Farming No. 74-FZ.
Allocation of land to large families
The state project on the allocation of allotments to large families is based on Law No. 138-FZ, through which amendments were made to the RF Labor Code and the Federal Law "On Promoting Housing Development." This legal act narrowed the circle of applicants for land, since preference was given directly to those who really need it. Such sites are transferred to the needy and can reach 15 acres.
An application that a large family has filed with the administration of the municipality can be considered both within two to three months, or for whole years. The authorities attribute this to a lack of free land. In this case, the family has the opportunity to receive monetary compensation, which can be spent on the purchase of an apartment or allotment of land.
Allotment is provided at a discount only in the area of residence. If the family lives in a large city, then a plot in the countryside is proposed. The applicant has the right to refuse him if he is not satisfied with the infrastructure, lack of communications and other conditions. Then the whole procedure for the corresponding design begins on a new one.
To obtain a land plot for a large family, you should contact the administration of the municipality. After checking the entire package of documents and making a positive decision, the family starts a case that has an individual number, and it is registered.
As soon as the turn to the land plot approaches, a large family will be provided with information about the characteristics of the allocated plot. The family has thirty days to make a decision.
Conditions
A large family can count on its own site if the following conditions exist:
- The presence of at least three children under the age of eighteen. It does not matter if they are native or adopted.
- Being on a special account.
- Accommodation for children with parents.
- Parents are not deprived of parental rights.
- All family members have one registration address.
- They have been living in the region for at least five years.
- Other than the property located at the registration address, the family has no real estate.
- All family members have Russian citizenship.
If the family falls under all conditions, then it is necessary to collect a package of documents, which include the following:
- An application for queuing for a land plot of a large family.
- Copies of ID.
- Certificate of large families.
- Copies of birth certificates of children.
- Certificate of registration address of family members.
- Certificate stating that parents are not deprived of their rights.
- Document confirming the adoption.
To obtain a land plot for a large family, you must perform the following steps:
- Contact your local administration.
- Receive notification of a positive decision by the authorities.
- Wait for your turn and receive a notification, as well as an account number.
If rejected
The administration does not always satisfy the application submitted by a large family. Most often, failure occurs due to lack of allotments. There are also other reasons, which include the following:
- Family members are not Russians or have decided to renounce Russian citizenship.
- The family moved to another region of the country.
- Some documents are missing.
- Parents are deprived of their rights.
- Large parents did not register marriage officially.
- Identity card had to be changed, which was not done on time.
- The child reached eighteen years of age, and less than three children remained.
If the applicant does not agree with the decision of the authorities, then he has the right to apply to the court to assert his rights.
Conclusion
As you can see, the provision of land in the property for free is quite real. But for this you need to run a lot to different authorities, and it is not known how long you have to wait. The marginal area depends on the intended use. For example, for the construction of a house 3 acres can be allocated, or maybe 15. Moreover, the minimum size of the land for gardening and horticulture, and even more so for farming, is much higher.