How to convert agricultural land into residential land. Transfer of agricultural land Transfer of agricultural land to populated lands

Building a house is an ideal way to improve your living conditions. But for individual housing construction (IHC), you need a plot on which you can build a house. The desire to live away from city noise and dust forces people to look for a place to house outside the city limits. Is it possible to transfer agricultural land into individual housing construction? What's the best way to do this?

Land Code Russian Federation the division of land into several main categories is fixed. What are they, and which of them are allowed to erect residential buildings?

According to the main purpose, in accordance with the law, the entire territory of the country is divided into lands:

settlements;
agricultural purposes;
industrial and social purposes;
forest fund;
water fund;
reserved and protected;
reserve.

Only on land plots belonging to the first two categories is the construction of housing permitted by law. It is necessary to understand what is meant by individual housing construction. This is not separate category, and one of the possible permitted uses land plot(VRI). Individual housing construction is housing construction in which residence and registration are permitted.

Other such types, in addition to individual housing construction, may be running a personal subsidiary plot, gardening and vegetable gardening, country house construction or agricultural production.

Individual housing construction and its advantages

The legislation of the Russian Federation allows the construction of residential buildings on the following types of agricultural land:

garden plots - without the right to register residence in the house;
in garden plots - only non-permanent buildings and without registration of residence;
dacha land plots, where the right to register residence in a constructed residential building is allowed.

Why do people who bought an agricultural plot seek to transfer the land to individual housing construction, if the construction of a residential building on agricultural land is also allowed? It's all about the benefits that this type of permitted use of land provides. They consist of the following:

obtaining registration of residence in the house;
obtaining an address, with all the ensuing privileges;
advantages in supplying the house with gas, water and electricity of the required power;
responsibility of the municipal authorities for laying and clearing entrances to individual housing construction projects in the territories under their jurisdiction.

Is it possible to transfer agricultural land to individual housing construction?

The procedure for transferring land for agricultural needs into individual housing construction is possible, and it is regulated by the Land Code of the Russian Federation and Law No. 172-FZ. In accordance with these documents, plots with individual housing construction objects must be classified as land in settlements. The transfer of agricultural plots to this category must be justified in each individual case.

Agricultural lands have the most expensive cadastral value. With their transfer to another category, the value of the plot falls, and the state loses the planned income from this plot. Therefore, if the need to change the category for such a plot is proven, the owner will have to compensate the state for losses from the exclusion of this land from the revenue portion. Sometimes this is not economically feasible. Moreover, there is a way to change the type of permitted use of land. And without changing the category, you can assign the status of individual housing construction to an object on an agricultural plot.

In addition, there is another document that limits the possibility of changing the category for a land plot - this is Town Planning Code RF.

In accordance with it, zoning of the country's territory is carried out according to the intended use of land. Agricultural plots located outside populated areas can be transferred to the category of lands of a populated area only if the boundaries of the latter are changed.

And this is only possible in the following cases:

location of the site in close proximity to the boundaries of functional zones according to the general plan;
planning the purpose of these zones for the future, as a reserve for the development of the territory of the settlement.

The answer to the question of whether it is possible to transfer agricultural land to individual housing construction is obvious. This can be done, but only in individual cases, when there are no insurmountable obstacles to this. And usually, when solving this issue, they resort to changing the type of permitted use, which is more beneficial in terms of saving money and time, as well as predictability of the result

The procedure for transferring land for residential construction

You purchased agricultural land, or decided to build housing on an existing plot. But the land use certificate does not indicate the possibility of building a residential building. There is a need to change the intended use plot of land.

The procedure for transferring land for use under individual housing construction is regulated by Federal Law No. 172. In accordance with it, a procedure is provided for filing a petition requesting the transfer of agricultural land to the category of village land for individual housing construction. The following documents are required for this:

the petition itself;
extract from the Cadastre;
copy of civil passport;
document on the right to a land plot;
written consent of the copyright holder to change the category of the site.

The law allows two months for consideration of such a petition. After which a decision or a justified refusal will be given within two weeks. As practice shows, if a site is located at a distance from the boundaries of a populated area, and the development of the latter is not provided for by the territory development plans, it will be impossible to obtain a positive decision on the application.

In case of a positive decision, an act is issued on the transfer of the land plot to the category of settlement for individual housing construction.

This act contains the following information:

reasons for changing the category;
boundaries, area and cadastral number of the plot;
the category to which the land belonged and to which it will belong after the decision is made.

In practice, changing the category of a land plot is very rarely resorted to. The most proven and reliable method is to legally secure the use of agricultural land for individual housing construction. This can be easily done in the following cases:

the presence of a plot for gardening, which involves the construction of a residential building;
if you are the owner of a dacha plot of land, which even allows the right to register in the house;
changing the VRI of your existing agricultural plot to horticultural or summer cottage.

For the first case, there is a resolution of the Constitutional Court of the Russian Federation No. 7-P dated April 14, 2008. It allows you to assign a postal address to a built house on a garden plot. And also register your residence there.

How much does it cost to transfer agricultural land to individual housing construction?

The option of using agricultural land for individual housing construction by changing the VRI of a land plot is much more attractive economically than changing its category. In addition to the payment of compensation for lost income to the state, which is necessary in the second case, the cost of transferring the land to another category reaches up to 30% of the cadastral value of the site.

In addition, if the land plot remains in the category of agricultural land, the tax burden on a residential building located on it is significantly less than on housing within the boundaries of populated areas.

The cost of transferring agricultural land to individual housing construction can be influenced by many factors. Here is an example of just a few of them:

dimensions of the plot;
cadastral value;
preparation of documents and projects for the construction of a residential building;
the need to conduct an environmental assessment.

In each individual case, it is necessary to weigh the pros and cons of one or another option for transferring agricultural land to individual housing construction, and choose the most realistic and guaranteed one. And, of course, calculate how much each option will cost, taking into account possible losses when receiving a refusal to your application to change the category of a land plot.

Petitions for transfer of land from category to category in 2019, they are still being considered on a first-come, first-served basis, with the Government of the Russian Federation and representatives of the administration of individual districts in which the appeal was drawn up acting as the managing entity.

All territories are divided into categories, divided directly by purpose. Information about them is contained in Land Code of the Russian Federation(ZK RF). Since 1991, the Land Code has recorded a clear division of territories according to their use into seven different categories, divided by the nature of use.

List of land categories

The Land Code of the Russian Federation contains an exhaustive list of land categories depending on their intended purpose:

agricultural land;
lands of populated areas;
lands of industry, energy, transport, communications, radio broadcasting, television, computer science, lands for space activities, lands of defense, security and lands of other special purposes;
lands of specially protected areas and objects;
forest fund lands;
water fund lands;
reserve lands.

Depending on whether a land plot belongs to one of the specified categories of land, its legal regime is determined, including negotiability, subject composition, the content of the powers of the owner or other legal holder of such a land plot, etc.

Land categories are complex internal structure, and their single purpose is supplemented and clarified by establishing types of permitted use for part of the land category.

The owner of the land is the Government of the Russian Federation;
The owners are the constituent entities of the Russian Federation;
The owner of the plot is a private person;
Agricultural land, the owner of which is local authority self-government;
Lands for which a different target has been defined, the owners of which are self-government bodies.

For the needs of companies and individuals individuals ZNP plots for agricultural and industrial purposes are provided. Title documents confirming the fact of owning a specific plot, may be:

Purchase and sale agreement.
Decision of the authorized body on the provision of a land plot.
Barter agreement
Gift deed
Court decision.

In these documents, as well as in urban planning documents drawn up by the cartographic service when measuring and drawing up the layout of the site, the category of land and the type of its permitted use are indicated. The latter is selected by the copyright holder independently from the following acceptable forms:

Individual housing construction (territory for the construction of residential real estate).
Private household plots (for personal subsidiary plots).
For organizing gardening or dacha activities.
Peasant farm enterprise (peasant farm).

You need to know that the construction of residential real estate is not permitted on the territory classified as agricultural land and given for use as private plots. In fact, it is possible to build such a structure, but subsequently it will not be possible to register the house as a residential property until this plot is transferred to another category. It is the erection additional infrastructure and housing facilities is becoming a common reason for contacting the public service.

The procedure for transferring land to another category

In order to change the category of land or land plots as part of such lands from one category to another, according to Art. 2 Federal Law dated December 21, 2004 No. 172-FZ “On the transfer of lands or land plots from one category to another”, it is necessary to the authorized body executive branch or a local government body send a petition for the transfer of land from one category to another or a petition for the transfer of land plots from one category of land to another.

Contacting the competent authority with the corresponding application and the necessary documentation attached to it. If the object in question is within the competence of a subject of the Federation, the application is made to the land resources department. In most cases, the service is provided by the local municipality, namely the city or district committee for property management and land relations.
If the application comes from a person who does not have rights to the land, or whose representation is not established by a power of attorney, or the composition and form of the documents presented do not comply with the law, the application for transfer will be refused at the time of its execution.
If non-compliance with the documentation is discovered later, the refusal in office work is accepted within 30 days after completing the application.
If the applicant is competent and presents a package of documents that meets legal requirements in form and content, the application will be reviewed within 2 months. If the competent agency is the government of the Russian Federation or a separate region, the review period is 3 months.
Issued the decision is formalized in the form of a corresponding act, set for an unlimited time. This document is sent to the interested party within 14 working days after the competent decision is made and must contain the mandatory information specified in Art. 3 basic laws.

The established act can be refuted in judicial procedure. Reasons for rejecting the application translated are:

There is a ban on the translation of the object in question, regulated by regulations. legal acts federal or regional significance.
A negative decision obtained on the basis of an environmental assessment.
The intended use does not fit the declared category.

Depending on who owns the land plot, the application should be submitted:

in relation to lands in federal ownership– Government of the Russian Federation;
lands owned by constituent entities of the Russian Federation, and agricultural lands that are in municipal ownership - the executive body of the constituent entity of the Russian Federation (administration, mayor's office, government). Such powers may also be assigned to one of the structural divisions of the administration (government) of a constituent entity of the Russian Federation.
municipally owned lands, with the exception of agricultural lands, is a local government body (administration of a municipal district, urban district, settlement).

Agricultural land

The transfer of agricultural land to any other category in 2018 is prohibited, however, as before, if the land plot is of particular value and has a high level of productivity. The list of agricultural lands includes fields of agricultural research institutes, as well as plots whose cadastral value is much higher than the average value of the municipality. Exceptions are extremely rare.

Moreover, recently, the transfer of agricultural land from one category to any other may face significant fines in the form of monetary compensation. At the legislative level, this will be considered as an inappropriate use of a plot of land.

Fines in 2018 range from 200,000 to 250,000 rubles, the final amount depends on the cadastral value of the site. Some citizens try to circumvent the law and transfer their land to another category, resulting in problems with the law and monetary fines.

Lands of settlements

There are no changes in the current 2019 compared to previous years, but it will be useful to familiarize yourself with the reasons for the impossibility of translation.

The bottom line is that this procedure is only possible if the territory of the land in question is included within the administrative boundaries of the locality in question. In general, it is very difficult to obtain permission; there are very few recorded cases where pieces of land were taken out of the boundaries of settlements and transferred to another category.

The territories belonging to this group in 2019 include:

areas where agricultural work is carried out,
production zones,
military training zones,
specially protected areas,
special purpose zones,
areas planted with forest parks,
decorative ponds or landscaped lakes.

Industrial lands

Transferring land intended for industrial work to any other category is easier than transferring any other plot of land to another category. This aspect of the issue also did not suffer any changes in the new year.

But there are several exceptions in which translation is not possible:

the territory is polluted and built up with abandoned and unsafe buildings , buildings and landfills (however, in this case it is still possible to obtain permission for the transfer: approve the reclamation project for the plot of land in question),
work was carried out on the land plot , directly related to damage to the soil layer (in this case, permission can also be obtained after complete restoration of the surface of the land plot, confirmed by the reclamation project, but in this case it should be the decision of the owner, and not an order of representatives of the legislative branch).

WHAT INFORMATION SHOULD BE INDICATED IN THE APPLICATION FOR TRANSFER OF LAND

The application for the transfer of land plots from one category of land to another shall indicate:

cadastral number of the land plot;
the category of land, which includes the land plot, and the category of land, the transfer to which is supposed to be carried out;
justification for transferring a land plot from one category of land to another;
rights to land.

The following must be attached to the application:

extract from the unified state register of rights to real estate;
copies of documents proving the identity of the applicant - an individual, or an extract from the unified state register individual entrepreneurs or an extract from the unified state register legal entities;
conclusion of the state environmental impact assessment if its implementation is provided for by federal laws;
consent of the owner of the land plot to transfer the land plot from one category of land to another;
calculations of losses in agricultural production and (or) losses in forestry (if any need to be made).

An example of transferring land from one category to another

Citizen Surovtsev M.P. decided to transfer his farmland to the category of settlement for the construction of residential real estate. For this purpose it was designed application to the land committee at the district administration.

Within 60 days, the applicant was given an official response in the form act of refusal to transfer a land plot from agricultural to the category of settlement due to the impossibility of identifying a specific area from the vast area of farmland.

Cost (price) of land transfer

Before transferring a land plot from one category to another, a decision should be made on the purposes of its further use, which will determine the most suitable category. In addition, financial issues related to the transfer will also have to be resolved.

The cost of transferring a land plot in 2019, regardless of its category, varies from 9,000 to 12,000 rubles per hundred square meters. This is 2000 - 3000 more than in previous years.

In this case, the final amount will be known after specialists assess the level of complexity of the upcoming work. In addition to making cash for changing the category, in order to successfully complete the process of transferring a land plot, it is advisable to hire a lawyer to communicate with government officials.

Documents for transferring land from one category to another

The transfer of land to another category in 2019 is carried out by the competent service upon presentation of an application and the necessary papers attached to it. The exact form of the documents is approved by the department to which they are submitted. At the same time, in the basic law - Federal Law No. 172 dated December 21, 2004(as amended 06/03/16) indicated following list necessary information included directly in the text of the application:

Cadastral number.
Actual and proposed territory for category registration.
Rights to the territory in the form of a link to a document providing such an opportunity.
Justification of the need to change the category of land.

The following documents are attached to the application, without which necessary action will not be executed:

An extract from the cadastral register or a similar passport.
A document identifying the applicant or his representative (passport - for an individual, passport and extract from the Unified State Register of Individual Entrepreneurs - for an individual entrepreneur, extract from the Unified State Register of Legal Entities - for a legal entity, passport and power of attorney - for a representative).
Extract from the Unified State Register for the plot in question.
If necessary, a resolution of the state expert review on environmental issues.
Consent from the state or other land rights holder. This document is not needed if an easement agreement has been concluded.

Documents identifying the applicant and interested party, as well as consent of the copyright holder, are directly applied upon registration. The remaining documents are requested by the competent authority through an interdepartmental line independently.

Since the beginning of 2017, in connection with the implementation unified state register of real estate instead of several extracts from different databases, one from the combined database is requested.

Who has the right to file a petition?

The right to file a petition for the transfer of lands or land plots from one category to another is vested in persons who are able to confirm their rights to land. These include:

citizens and legal entities - owners of land plots;
land users - persons who own and use land plots on the right of permanent (indefinite) use or on the right of gratuitous fixed-term use;
landowners - persons who own and use land plots on the right of lifelong inheritable ownership;
Land tenants - persons who own and use land plots under a lease or sublease agreement.

In relation to lands of federal, regional and local significance, the interested party is the corresponding specially authorized body state power Russian Federation, subject of the Russian Federation or municipality.

Refusal of the application

Consideration of an application may be refused if:

the petition was submitted by an inappropriate person;
documents are attached to the application, the composition, form or content of which do not meet the requirements land legislation.

If these reasons were the reason for the refusal, the application will be returned to the applicant within 30 days with a detailed indication of what shortcomings must be corrected in order for it to be accepted for processing.

Changing land category without the consent of the copyright holder

Executive authorities, as well as local municipalities, have the right to submit a petition to transfer the land to a new target category, without coordinating it with the persons and organizations that own the rights to the site. The law provides for two conditions when executive authorities are given such an opportunity:

If, after transfer from the old category, the land will be included in environmental protection areas, while remaining the property of the current owner;
If a resolution was adopted to change the old or establish a new city line.

A petition accepted with such justification can be appealed by the land owner in court.

Land cannot be transferred to another category at all.

Transfer is not allowed in the following cases:

establishing, in accordance with federal laws, restrictions on the transfer of lands or land plots as part of such lands from one category to another or a ban on such transfer;
the presence of a negative conclusion of the state environmental assessment if its implementation is provided for by federal laws;
establishing a discrepancy between the requested intended purpose of land or land plots and the approved territorial planning documents and documentation on territory planning, land management documentation.

Deadlines for consideration of applications

Positive and negative decisions on applications must be considered and made within the established time frame:

the decision to change the purpose of a land plot must be made by the Government of the Russian Federation 3 months in advance, unless a different period is specifically stipulated by legal acts of the Russian Federation;
if the application is sent to the executive body of local government or municipality, 2 months are allotted for consideration;
the decision made, including the refusal certificate, must be sent to the applicant within two weeks after consideration;
the resolution issued in the form of a land transfer act is unlimited.

The result when the land transfer was approved

The authorized local government body sends a copy of the act on the transfer of lands or land plots from one category to another within 5 days from the date of its adoption to the federal executive body authorized to carry out state cadastral registration of real estate and maintain the state real estate cadastre.

ABOUT changes made the territorial body of Rosrrestra notifies interested rights holders of land plots indicating the act of transfer of lands or land plots, as well as bodies carrying out state registration of rights to real estate and transactions with it, to make changes within seven days in connection with the transfer of lands or land plots to the composition of such lands from one category to another in the record of the Unified State Register of Rights to Real Estate and Transactions with It.

The transfer of lands or land plots as part of such lands from one category to another is considered to have taken place from the moment of making changes about such transfer in the records of the Unified State Register of Rights to Real Estate and Transactions with It.

Re-registration of title documents for land plots in respect of which acts on the transfer of land plots from one category of land to another has been adopted is not required.

Features from Chapter 2 of the Federal Law “On Land Transfer”

In particular, with regard to agricultural plots, the law provides for the possibility of changing their specialization under the following conditions:

land conservation will be carried out;
the site is included in the environmental protection area;
the city limits are being transferred;
on areas recognized as unsuitable for agricultural activities, industrial buildings will be erected or they will be used for other needs not related to agricultural activities. agriculture;
areas unsuitable for agricultural activities will subsequently be classified as forest fund, reserve lands or water fund;
if in the allocated areas it is planned to build highways, power lines, communication lines (including linear cable structures), pipelines for various purposes, railway tracks and other linear objects. The condition is valid in the case when the cost of plots with agricultural land, according to the cadastre, is more than 30% lower than the regional average, and the planned linear objects will be built in close proximity to roads and the extreme line of crop rotation fields;
in connection with the need to fulfill the international obligations of the Russian Federation, to maintain defense capability and ensure state security guarantees; in connection with the possibility of extracting minerals from the subsoil (common type minerals are an exception);
in order to preserve historical and cultural heritage, construction of diverse social, cultural, educational and other facilities.

The law limits the targeted transfer of plots from an agricultural category to any other if they contain valuable land with increased agricultural productivity. Also, when considering the application, a comparative assessment of the current cadastral value of land plots is carried out, in which the average value for the region is taken as a guide.

When transferring lands previously used by industrial enterprises, the energy and transport industries, were involved in the telecommunications, broadcasting, space industries, and were also at the disposal of the Ministry of Defense, there are no significant restrictions, except for several features:

When transferring land plots from industrial or other types of use, the factor of soil contamination and the presence of structures and buildings designated for demolition are taken into account. Before changing the category in this case, it is necessary to develop and approve a project aimed at land reclamation;
if on land plots that were previously classified as industrial or special purpose, activities that negatively affected the composition and quality of the soil layer require a series of measures to restore the soil, in accordance with the approved reclamation plan.

If the application to transfer land from the industrial category was submitted by executive authorities or local municipalities, preliminary reclamation is not a mandatory condition for the transfer.

For land plots included in the environmental category, the transfer is carried out after a preliminary environmental examination conducted by the state, as well as other examinations, the conduct of which is determined by the current federal laws related to the protection environment.

If, as a result of inspections, it turns out that a change in purpose will lead to the loss of environmental, cultural, historical, recreational, scientific, health or other critical significance, then the transfer of the site to the requested category will be denied to the applicant.

WHAT IS THE RESULT OF THE PETITION?

Based on the results of consideration of the application, the local government body adopts an act on the transfer of lands or land plots as part of such lands from one category to another or an act on refusal to transfer lands or land plots as part of such lands from one category to another within two months from the date of receipt petitions.

An act on the transfer of lands or land plots or an act on refusal to transfer lands or land plots is sent interested person within fourteen days from the date of adoption of such an act.

An act on the transfer of lands or land plots or an act on refusal to transfer lands or land plots may be appealed in court.

These are lands used for the purpose of development and construction of human settlements. They are intended for this purpose by the relevant decrees of state authorities and local governments. The territory of these lands is determined by their boundaries, which serve as the line of demarcation between them and lands of other categories, and cannot cross the boundaries of plots of land at the disposal of citizens or legal entities. Also, the boundaries of settlements (urban, rural) cannot violate the boundaries of municipalities and go beyond them (Article 83 of the Land Code of the Russian Federation).

To expand the boundaries of land in settlements, transfer of land plots with a change in their category is used. In this process occurs (Part 1 Article 8 N 172-FZ). In accordance with Part 1, Article 14 of Federal Law N 172-FZ, each land plot must be classified into one of the appropriate categories prescribed by law. Naturally, when such a plot of land is part of the territory of a populated area, its category must be changed to the appropriate one. This must be done without fail, since the state provides for liability for misuse of land.

Transfer of lands of other categories into lands of settlements

Agricultural land. This transfer is possible only in case of exception. One of the situations in which a change of category may occur is the change and installation of new limits for urban and rural settlements (clause 3, part 1, article 7 N 172-FZ). The basis for transferring agricultural lands to the category of settlements is also the placement of industrial facilities on them. But a mandatory requirement for this is the appropriate level of their (land) cadastral value, which should not be higher than the average similar value for the municipal area. An exception for placement in this case is land of particularly valuable purpose (clause 4, part 1, article 7 N 172-FZ). The situation when it is not possible to place healthcare, education, municipal and social facilities except on agricultural lands is another reason for transfer (clause 9, part 1, article 7 N 172-FZ). In the last 2 cases, an excess of the cadastral value by 50% or more of the average price level leads to a ban on transfer (Part 2 of Article 7 N 172-FZ).
(hereinafter referred to as industrial and other special purpose lands). If such lands have been subject to disturbances, pollution, or buildings or structures intended for demolition have been built on their territory, then transfer to the lands of populated areas is permitted only if there is an approved project for the reclamation of such lands. If the soil layer was disturbed during any activity, then the disturbed land must be restored in accordance with the approved reclamation project. Only at the request of state authorities and local self-government, transfer to the category of populated areas can be carried out without fulfilling these conditions (Parts 2, 3 of Article 9 N 172-FZ). In all other cases, there are no restrictions on changing categories.
. To transfer such lands, a conclusion from the state environmental assessment is required that their special value has been lost and their further use for their intended purpose is impossible (Part 1, Article 10 N 172-FZ).
. It is possible to transfer these lands to the required category either due to changes and establishment of new limits for urban and rural settlements, or, if necessary, to place objects of state/municipal importance on them if there are no other placement options (Part 2, 3 of Article 11 N 172- Federal Law). The lands on which settlements previously created for the purpose of forest development are located within the boundaries of the forest fund lands are subject to transfer to the lands of populated areas.
. Transfer is possible if new boundaries of urban and rural settlements are changed and established, or there is a need to place objects of state/municipal importance on them if there are no other placement options (Part 2, 3 of Article 12 N 172-FZ). The cessation of existence or change of location of a water body also opens up the possibility of changing the category. However, this permit must be preceded by a positive result of the state environmental assessment (Part 4 of Article 12 N 172-FZ).
. The use of such lands is permitted only after their transfer to the appropriate category (Article 103 of the Land Code of the Russian Federation). In order to transfer reserve lands to the category of settlements, it is necessary to form this plot of land in accordance with the procedure established by law, and then issue a transfer act for it (Article 13 N 172-FZ).

Required documents

To begin the process of transferring lands of other categories to the category of settlements, it is necessary to draw up a corresponding petition. This document must be submitted for consideration by state authorities and local self-government (Part 1, Article 2 N 172-FZ). The application shall contain the following information:

information about the cadastral number of the land plot;
what category of land does the plot of land in question come from and what category does it go into;
compelling reasons for transfer;
rights to this plot of land (Part 3 of Article 2 N 172-FZ).

The following package of documents must be attached to the application:

The documents listed in clause 1 and clause 5 are provided to the executive bodies of state power and local government by the applicant independently. The remaining documents, if they are not provided, are requested by the above-mentioned bodies from subordinate organizations that have this information (Part 4.1 of Article 2 N 172-FZ).

The procedure for making a decision on transfer

State and local government bodies may refuse to consider an application if they discover that it was submitted by an inappropriate person or if the attached documents do not comply with the requirements of the law (Part 2 of Article 3 N 172-FZ).

If the documents do not comply, they are returned to the interested person no later than 30 days from the date of their submission with justification for the return (Part 3 of Article 3 N 172-FZ).

If everything is in order with the application and documents, the authorized authorities consider the application and issue either an act of transfer or refusal. Moreover, the Government of the Russian Federation is obliged to do this within three months from the date of filing the application, and the executive bodies of state power and local self-government must do this within 2 months (Part 4 of Article 3 N 172-FZ).

The transfer certificate cannot be accepted for a specific period and contains the following information:

compelling reasons for changing the category of land;
data on cadastral numbers and area of land plots, description of the location and boundaries of these lands;
from which category and to which category the transfer is made.

The act of transfer of land or refusal thereof is sent to the applicant within fourteen days from the date of its adoption. His decision can be appealed in court (Part 5-8, Article 3 N 172-FZ).

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The process of converting agricultural land into industrial areas takes a long period of time. Registration of documentation and permits for the conversion of the intended purpose takes more than six months.

It should also be taken into account that this procedure is associated with significant material costs, including payment state duty for the issuance of cadastral documents and compensation for state losses in connection with the transformation of the legal regime of agricultural land.

A significant part of the land fund is made up of plots intended for growing crops and raising livestock. These lands are located far from the city in an ecologically clean area.

Due to the special fertility of such lands, their turnover is under strict control by the state. The construction of buildings on these sites is prohibited by law. But if, due to various circumstances, the construction of facilities on agricultural land is necessary, then for this purpose you should first try to transfer the intended purpose of the land plot. However, remember that this process is very labor-intensive and financially expensive.

In accordance with the norms of current legislation, the possibility of transferring agricultural land to industrial plots is provided under the following circumstances:

cost of the plot according to cadastral valuation recognized as the statistical average for a specific area;
the need for the construction of industrial facilities on a certain agricultural site has been proven, based on production goals.

In addition, in order to restore the fertile properties of the soil on agricultural lands, it is necessary to construct irrigation systems and communication stations. To obtain permission to transfer a land plot intended for crop production to an industrial development site, contact the local government body with the appropriate application and supporting documents.

If the land plot is used by lease, then to transform the category of land it is necessary to obtain permission from the owner of the property.

Petition and documentary evidence You can submit a transfer of the plot to the authorized body personally or through a representative. The authority of the representative must be notarized. The legislation also allows sending documentation for transforming the category of a land plot by Russian Post or through the official portal of government services.

List of documents to change legal status land plot:

an application for the need to change the intended purpose of a land plot (the application form is provided at the Rosreestr service or can be downloaded from the official website of the authorized body);
boundary plan of the land plot;
cadastral registration passport;
a document confirming the rights of the user of the site;
official permission to transfer land to another category, issued by a local government authority.

An application to correct information in cadastral registration is considered by the authorized body no later than 10 days from the date of receipt.

Documents for transferring agricultural land to industrial land

availability of information about the individual number of the land plot in cadastral registration;
the current intended purpose of the allotment;
planned status of the land plot (industrial land);
the grounds that caused the change in the status of the site;
legal grounds for using the land.

Please submit supporting documents along with your application:

a document confirming the identity of the applicant (for legal entities, the provision of constituent documents is required);
extract from the Unified State Register of Real Estate;
an environmental assessment report on the possibility of transferring land;
permission from the land owner to change the intended use of the site.

The procedure for re-registration of an agricultural plot is as follows:

send a petition to the head of the municipality;
if the municipality makes a positive decision, draw up an appeal to the Ministry of Property Relations about changing the intended purpose of the site and the possibility of placing an industrial facility on it;
after 2 months, the Ministry of Property makes a decision to grant the right to transfer the site to another legal regime;
within 2 weeks, a copy of the decision made on the transfer of land will be sent to the applicant and to the territorial body of Rosreestr;
in accordance with the submitted documents, appropriate adjustments will be made to Unified register rights to real estate and transactions with it.

List of documents required to change the intended purpose of the site:

permission from the local government;
project for the location of an industrial facility on a land plot;
land survey plan;
technical characteristics of the construction project;
conclusion of the expert commission on environmental issues;
cadastral documentation for land;
economic feasibility study for the construction of an industrial facility;
information about the cadastral value of the site and the average statistical cost of similar sites in the region;
design developments for soil restoration;
certificates of state costs in connection with the transfer of land.

This list may be updated additional documents depending on regulatory requirements on changing the intended use of land adopted in a particular region.

Why convert agricultural land to industrial land?

According to the norms of land legislation, industrial lands are plots intended for the construction of industrial facilities related to the production of goods, mining, and maintenance of residential buildings. Lands of industrial significance are formed on the basis of previously created areas on which they operated production facilities or as a result of changes in the status of lands of other categories.

The use of agricultural plots requires large financial investments, since such plots are located far from residential buildings and are not equipped with communications.

For the construction and maintenance of industrial complexes built on lands whose purpose is related to crop and livestock production, it is also necessary to create transport interchanges.

When converting the target category of a site, calculate all financial investments aimed at servicing an industrial enterprise and financial losses established to compensate for damage to the state as a result of the loss of fertile land intended for growing crops.

In most cases, a positive decision on the issue of transferring agricultural land to industrial areas is made based on the location of the land plots. The remoteness of such lands from populated areas makes it possible to further expand production and build new industrial facilities.

From this article you will learn:

What problems surround the transfer of agricultural land to another category?
How can agricultural land be used without converting it?
When can the transfer of agricultural land be carried out?
What documents are needed for this?
When can they refuse to transfer agricultural land to another category?

The owner of a land plot (LP) has the right to use his property only in accordance with its status. For example, to build a boarding house or holiday home on agricultural land, you must first change its intended purpose. And only in this case such use of the site will not be illegal. Since today the transfer of agricultural land to another category has become relevant, we offer you useful information on this issue.

Problems of transferring agricultural land to another category

According to official data from the State Statistics Committee, at the beginning of 2004, the Russian Federation had 1.7 billion hectares of land that belonged to forestry and water management, industry, transport and settlements, and were allocated for construction and specially protected objects (sanctuaries, nature reserves).

Today our country has 400 million hectares of agricultural land. And these most valuable resources have become extremely vulnerable to abuse of various kinds. Over the past 5-7 years, their area has decreased by 40 million hectares. At the same time, land reduction was noted in almost all regions, and not only in those where virgin lands were once developed. For example, in the Moscow region, useful agricultural land decreased by 166,000 hectares.

This spring, the federal body, the Russian Ministry of Natural Resources, began a thorough check of the legality of the construction of mansions and dachas in the protected natural zone around the capital. Currently, about 25,000 violations of current environmental legislation have been discovered.

According to information Federal service for supervision in the field of ecology and environmental management, even in the near Moscow region, about 1,400 hectares of state land are illegally occupied for development. For example, in the Moscow region, 80% of the banks of reservoirs located in the environmental zone are built illegally.

At the same time, construction is carried out in areas of the coastal strip of water bodies that are not private, where capital structures are generally prohibited (according to the Water Code of the Russian Federation this is coastal zone width from 5 to 20 m depending on the size of the water body itself, with unlimited access, that is, without barriers). The lands of the following reservoirs were squatted: Klyazmenskoye, Istrinskoye, Pestovskoye, Pirogovskoye and Pyalovskoye. The same illegal buildings have appeared over the years in the protected zone of the Moscow River, the Canal. Moscow, other reservoirs.

Most of the provisions of Law No. 172 “On the transfer of lands or land plots from one category to another” dated December 21, 2004 are procedural in nature. They establish the procedure for transferring agricultural lands (and others) to another category and determine the actions of participants in such legal relations. More precisely, the law establishes the circle of persons who can take part in the process of changing the intended purpose of land; motives for such a transition; the procedure for considering acts of local government bodies and federal authorities on the transfer of plots between categories and the legitimacy of decisions made on them, as well as the legality of refusal in this procedure.

Federal Law No. 172 “On translation lands or land plots from one category to another" dated December 21, 2004, defines the requirements for the preparation of applications, the list of necessary attachments, the text of decisions on transfer, and also establishes the procedure for adjusting documents in connection with a change in the category of land. A special chapter in it is devoted to all the intricacies of transferring memory between categories. For example, it stipulates nuances for the following target groups: land for settlements, agricultural land; specially protected areas; forestry and water management facilities, as well as reserve lands.

The transitional and final part of the law prescribes the mandatory assignment of sites to any category and regulates the conditions under which local authorities for territories under their jurisdiction can make decisions to change the purpose of sites.

The positive trends outlined above associated with the approval of the law will seriously influence the further eradication of arbitrariness with plots of land in the future. However, the adopted law does not eliminate the main problem - the correction of previously occurring errors and violations.

Therefore, taking into account the identification of about 60% of official documents on changing the category of land plots, executed and issued contrary to the law, property owners are concerned about new trends in the activities of government bodies. And there are good reasons for this. Increasingly, precedents are emerging for actually bringing to justice officials who illegally gave away, say, part of the reserve’s area for the construction of structures, as well as buyers of such land.

Recently, the Ministry has intensified its work natural resources Russian Federation. Together with environmental structures, the ministry began to initiate legal proceedings on the facts of illegal legal relations in land use issues. In the end, the courts came to regularly consider claims of individuals and competent authorities against violators of land law.

The Prosecutor's Office of the Russian Federation has broad powers to restore order in matters of disposal of land plots, which has also revived its work in this regard. Specialists of the relevant department deal with a wide range of issues, checking the legality of legal acts and transactions in the region, the use budget funds at all levels, including the legitimacy of operations affecting the interests of the federation. This is precisely the basis for the active participation of the prosecutor's office in almost all privatization processes, especially those related to real estate.

For its part, the prosecutor’s office also reveals abuses by state executive authorities and local governments in transferring agricultural land (and other types) to another category. Wildlife sanctuaries and reserves, ecological and water protection zones, forests of specially protected natural areas, for a number of reasons, are arbitrarily transferred from one target group of lands to another in violation of law and order and are subsequently built up. When such facts are revealed, all decisions taken by local authorities regarding them are canceled and strict measures are applied, including even the demolition of such structures.

Owners of lands registered and appropriated illegally, especially those who have some buildings there (the majority of such owners), will have to legalize their real estate in the near future. And there will be ways to do this.

The first thing that is required of property owners to legalize their rights is to contact the administration of the district where the property is located. If the operation of the land plot does not violate the development prospects of the territory in question and the administration does not object to the purpose of its use, the plot is given into the possession of the owner of the development erected on these lands in the prescribed manner.
The next task is to recognize the object as responsive building regulations and rules. One of the following will help you here design organizations with a license to inspect buildings (structures). Based on the results of this procedure, a conclusion is issued that the buildings are suitable for use for their intended purpose. The city or district department of Gosstroynadzor can control the process of surveying objects and, individually or referring to reports from design organizations, coordinate the further operation of real estate.
As a result, you receive a real estate property that: 1) is located on land officially allocated for it; 2) meets urban planning and other rules and regulations. With such eligible characteristics, the building no longer belongs to the category of unauthorized construction, since it is deprived of their main properties. Thus, the real estate property is almost legalized and no longer belongs to the category of unauthorized property, losing these features, and the owner has the right to register such a plot as his own. The administration receives the real user of the memory and establishes legitimate legal relations with him.

But still, compliance with building standards does not mean that the building meets the requirements land law. Here, too, the qualified services of specialized lawyers will be useful, who will give you good advice to eliminate existing violations.

At the same time, it can be very difficult to complete all the procedures for legalizing an object. Thus, in the capital, the identification and settlement of issues regarding the fate of illegally allocated lands and unauthorized developments are carried out by: Moskomzem represented by the State Land Inspectorate, the Inspectorate of State Architectural and Construction Supervision of Moscow, the State City Inspectorate for Control over the Use of Non-Residential Facilities in Moscow, Department of Natural Resources Management and Environmental Protection of the Moscow Government, as well as the Center for City State Sanitary and Epidemiological Surveillance in cooperation with prefectures of territorial districts. This means that coordinating papers in all these authorities will take a lot of time and effort.

In order not to become the owner of illegally allocated land and to avoid its legalization after the fact, it is better to first study all the documents on the plot of interest to you before purchasing it.

The title document for real estate (in particular, land) is a resolution of the head of the district administration, a civil agreement, a certificate of inheritance, etc. Additionally, the following is required:

cadastral plan of the land plot indicating the standard value of the land. It is composed of professional surveyors called by the owner to carry out measuring work;
protocol for coordinating the boundaries of private property, signed by neighbors and certified by the head of the administration;
assessment of the development of the site by employees of the technical inventory bureau or a document stating that no structures were erected on the land;
confirmation of the absence of debt on taxes (fees), a certificate stating that the land plot has not been seized;
receipts for utility bills and other fees, including communications.

Based on the above papers, the main document is issued - a certificate of ownership (lease) of land.

If there is a residential building on the site, it will also require a package of necessary documents.

A competent approach to registering a land transaction will allow you to completely avoid the prospect of legal proceedings with authorized bodies. This, of course, will require financial costs. However, otherwise, there is a risk of not only losing your property and losing money spent, but also incurring additional and irrevocable costs.

How can agricultural land be used without transferring it to another category?

Article 77 (clause 1) of the Land Code of the Russian Federation states that “agricultural lands are lands located outside the boundaries of a populated area and provided for agricultural needs, as well as those intended for these purposes.” These areas can be used for agricultural production, planting forest protective plantings, scientific research and research, for educational and other purposes related to agricultural business (Article 78 of the Land Code of the Russian Federation, paragraph 2).

Agricultural land without transfer to another category can accommodate:

local roads, communications, forests used to protect land plots from negative factors arising not only for natural reasons (for example, weather conditions), but also as a result of industrial activity and other human influence;
bodies of water;
buildings and structures for economic needs, where agricultural products will be produced, stored and prepared for processing;
agricultural lands with arable land, pastures, hayfields, fallow lands, and various perennial plantings. Such areas should be protected as very valuable land.

Specially protected facilities of priority use, which include experimental production facilities of research institutes, educational and experimental sites of universities and institutions vocational education. The price of such lands indicated in the cadastre is much higher than the average values for plots within the territorial formation of their location.
Very valuable useful land that is prohibited from being used for non-agricultural needs and summer cottage construction.
Lands that have an agricultural purpose, but are unsuitable for direct use, that is, areas of lower quality according to the cadastral rating.

On a plot of land classified as agricultural land allocated for farming, the construction of residential buildings is prohibited (directive of the Ministry of Economic Development of Russia No. D23-5270 dated December 21, 2010).

In order to erect buildings, structures and structures for farm needs, plots are provided and purchased in the manner prescribed by Article 11 (clause 2) of Federal Law No. 74 “On Peasant (Farm) Farming” dated 06/11/2003.

When can agricultural land be transferred to another category?

In order for some other activity or construction to be carried out on agricultural lands, they should change the intended purpose to one corresponding to the planned use. This norm is strictly enshrined in law. Under articles 284-285 Civil Code In the Russian Federation, a plot of land is confiscated from the owner through the court if it is used for other purposes or in an inappropriate manner for three years. The legality of the alienation has been confirmed judicial practice(for example, the ruling of the Seventeenth Arbitration court of appeal No. 17AP-7586/2010-GK dated 08/11/2010).

How to transfer agricultural lands to another category is set out in Federal Law No. 172 “On the transfer of lands or land plots from one category to another” dated December 21, 2004.

temporary exclusion of lands from circulation (conservation);
the formation of natural reserves with special protection regimes, as well as the classification of reserves as historical, cultural, environmental, recreational and other very valuable species. When forming a TRZ (tourist and recreational economic zone) and transferring agricultural lands to another category, such as “lands of specially protected areas and objects,” the Government must adopt a resolution on the creation of a similar zone on the territory of Russia at the location of the site (resolutions of the Seventh Arbitration Court of Appeal No. 07AP-10686/10 dated 12/07/2010, Federal arbitration court Northwestern District No. A66-14704/2009 dated September 21, 2010);
determination (change) of the boundaries of settlements and settlements;
organization of production enterprises on lands, the assessment of which, according to the cadastral chamber, is not higher than the average for plots within a municipal district (or district), on other lands and with non-purpose needs, if there are no suitable alternatives for the location of objects;
classifying lands unsuitable for commercial agriculture as forest (water) funds or reserve lands;
construction of roads (including railway lines), electric highways, communication lines (including linear cable structures), oil, gas and other types of pipelines, and other similar projects in the presence of a duly approved plan for the reclamation of agricultural land during the construction of these facilities;
implementation of international guarantees of the Russian Federation, security and defense of the state (if there are no other places for the deployment of defense facilities);
subsoil development in the presence of an approved project for restoration of the disturbed soil layer;
location of medical, social and communal facilities, educational institutions and consumer service organizations (in the absence of other options for placement).

According to Art. 7 (clause 2) of Federal Law No. 172 “On the transfer of lands or land plots from one category to another” it is prohibited to transfer agricultural lands to another category if their cadastral price is half higher (or even more) than the average cadastral prices for plots within the municipal education. This also applies to particularly valuable productive farmland, which is discussed in Art. 79 (clause 4) of the Land Code of the Russian Federation.

The procedure for processing documents when transferring agricultural land to another category

According to Art. 2 of Law No. 172, in order to change the intended purpose of the site, you must write a corresponding application to the government services that are competent to resolve these issues. These are executive authorities at various levels or local administrations.

As for agricultural lands that are not state property, the text of the application and the list of attached documentation are determined by the local government authority of the subject where the site is located.

The text of the application must include the following information:

number of the plot according to cadastral registration;
the name of the categories of land - according to the original ownership and the one to which the transfer will be carried out;
argumentation for moving the land plot to another target category;
confirmation of the right to land (plot).

Additional documents that will be required for the application (Article 2 of Federal Law No. 172 “On the transfer of lands or land plots from one category to another”, paragraphs 4-4.1):

extract from the Unified State Register of Legal Entities (Unified state register legal entities) or USRIP (Unified State Register of Individual Entrepreneurs);
consent of the owner of the land plot to transfer it to another category of land.

Submitted documents may be rejected in two cases:

when contacted by an unsuitable person;
if the attached documents do not meet the established requirements.

In this case, the papers are returned to the applicant with reasons for the refusal (Article 3 of Federal Law No. 172, paragraph 3).

Within two months from the date of registration of the application, the competent government services of a given subject of the federation or the corresponding lower level of government (the Government of Russia is given a period of three months) approve normative act on the transfer, for example, of agricultural land (land) to another category or make a decision on the impossibility of carrying out this procedure.

No later than two weeks after this administrative document sent to the applicant (to Rosreestr - no later than 5 days). The Cadastral Chamber notifies owners of land plots about changes in the relevant data with reference to the regulatory act on the transfer. In addition, it notifies the state registration authorities of rights to real estate and transactions with it.

If, when changing the purpose of a plot from agricultural to something else, a legislative norm of the Russian Federation is violated, the procedure may be considered illegitimate and canceled.

Please note that it will be very difficult for the owner of land illegally seized or transferred between categories to reimburse the costs of canceling this decision in the future (resolutions of the Presidium of the Supreme Arbitration Court of the Russian Federation No. 2683/12 of July 1, 2012 and No. 13443/11 of May 22, 2012).

Why may they refuse to transfer agricultural land to another category?

The following factors may be the reason for refusing to re-register lands (individual objects within them) and assigning them a different purpose:

restrictions and prohibitions (in accordance with federal law) on the transfer of lands (plots of land within them) between categories or the abolition of this procedure;
the presence of conclusions of an expert commission from the state environmental service (if such a conclusion is required and provided for by federal law), limiting or preventing a change in the intended purpose of the site;
discrepancy between the future target function of land (plots of land) and current territorial plans and documents on land management and area development;
determination (change) of the boundaries of settlements, annexation of land plots to settlements or, conversely, their exclusion from the boundaries of a city (village, etc.) is considered a transfer of lands of an NP or some territories within them to another category or, conversely, a transition from any categories into settlement lands.

When a category of land is not included in the real estate cadastre, is not included in the title papers for a plot or documents on land rights, the local government body (city or district) makes a decision to classify it as land of a specific category, taking into account the purpose of exploitation when it is provided. The areas located on the territory of settlements must officially belong to the lands of these administrative units. And what is located outside the city limits belongs to the category of land that corresponds to the purpose of the officially established actual use of the site.

In addition Art. 34 (part 21) Federal Law No. 171 of March 23, 2014 “On amendments to the Land Code of the Russian Federation and certain legislative acts Russian Federation" also establishes the procedure for allocating an object in accordance with the layout of plots on the cadastral plan of a given administrative unit.

If the site is part of the land without determining the type of permitted exploitation or does not belong to a specific target group, then the conclusion on the intermediate approval of the allocation of land plots and the approval of its location plan on the general cadastral plan of the area are formalized as a permit to operate the site and classify it as a suitable category of land. Moreover, there is no need to issue a separate document approving the use of a plot of land or separately establishing its intended purpose.

At the federal level, the management and disposal of territories owned by the state is primarily entrusted to the Government of Russia in accordance with the Federal Constitutional Law “On the Government of the Russian Federation” (Article 14 and others).

Taxation when transferring agricultural land to another category

The transfer of agricultural land (or land plots) to another category also changes the tax burden on enterprises or entrepreneurs. The cadastral value of land, which plays a basic role in calculating land tax, is changing. In short, change land category determines the tax rate (directive of the Ministry of Finance of the Russian Federation No. 03-05-05-02/27214 dated July 12, 2013).

We remind you that for objects that are agricultural lands or included in agricultural use zones in settlements and used for agricultural and industrial production, the base tax rate does not exceed 0.3% of the cadastral price of the site (Article 394 of the Tax Code of the Russian Federation, clause 1 , subparagraph 1). As for other lands, the maximum tax rate for them is 1.5% of the price listed in the cadastre.