Types of permitted use of agricultural land. On the types of permitted use of agricultural land

To conduct agricultural activities, it is necessary to own or lease, preferably long-term, land. The purpose of land should be distinguished according to classification.

To avoid annoying misunderstandings, we suggest that you familiarize yourself in detail with the important nuances that will help you navigate the concept of composition and determine the types of permitted use of agricultural land.

Classifier of agricultural land

What is the concept of agricultural land? These are lands (agricultural and non-agricultural), plots, allotments that are provided to citizens, individuals or legal entities for carrying out agricultural activities:

• agricultural production;
• for conducting research or educational work;
• to accommodate the appropriate infrastructure.

• arable land;
• plantings, including perennials;
• mowing areas;
• pastures for grazing livestock;
• runs and roads;
• forest strips that serve to protect fields (with the exception of forestry lands);
• areas under outbuildings and courtyards;
• temporarily mothballed plots.

The state land cadastre determines the suitability of land for maintaining Agriculture. The priority is the targeted use of resources. For the construction of industrial facilities and enterprises, highways, pipelines, communication lines and other communications, lands of poorer quality are allocated, which do not fall into the category of farmland.

Land composition and use categories

All agricultural land is divided into categories. According to the concept of “land composition”, the types of permissible use are determined. Can be adopted the following classification plots and allotments, detailed in the table.

On lands that belong to the category “for gardens or vegetable gardens,” a residential building for recreation can be erected, provided that there is no registration of residence of persons. Unlike plots for gardening and gardening, you can use country plots for the construction of a residential building with the right of registration.

Privatization of agricultural land

Citizens and legal entities are permitted to use agricultural lands to carry out relevant activities, which are determined by the categories described above. If necessary, farmland can be privatized.

In this case, the transfer of ownership of plots to enterprises, institutions/organizations, workers/employees of public utilities or government agencies, cultural or healthcare sectors, including pensioners. Compliance required next condition- territorial affiliation of agricultural plots to the relevant council. How to do this?

Permission for privatization is issued by the relevant authorized executive body or self-government after the decision is made. For these purposes, the applicant - a citizen or legal entity - must submit an application/petition.

The lands are transferred into the ownership of the above-mentioned persons free of charge. This is an important nuance that citizens should know!

It is important to remember: the size of plots that can be used for agricultural activities and peasant (farm) farming is transferred free of charge to the above category of citizens in an amount not exceeding legally established norms.

The following are also subject to privatization:

• on-farm roads;
• utility yards;
• protective forest belts with plantings of trees and shrubs;
• hydraulic structures;
• bodies of water

In the process of privatization of agricultural plots and lands, the relevant executive bodies (including local government) create a special reserve fund. It is necessary to agree on all points according to the location of the plots and lands. This reserve fund is municipal or state property and is intended for the targeted redistribution of land in the future.

Buying/selling agricultural land: what to look for

If you decide to acquire ownership of a plot of land or plot for agricultural activities, you should pay attention to a number of important nuances. First of all, it is necessary to determine the distance of the land from the city limits. This is especially important when purchasing summer cottage. A place to relax is chosen based on personal needs, but important factor is the ability to quickly get to work/study.

Infrastructure plays an important role. In any case, summer residents will have to visit the city frequently, so it is worth deciding in advance on potential opportunities or difficulties. If you have to travel by bus or train, you need to find out about the availability and mode of routes. Not all summer residents use personal vehicles. Therefore, if possible, mitigate problems as much as possible.

When choosing a site for farming, pay attention to population density and distance from highways. Gasification, the presence of power lines and communications play an important role.

All these nuances affect the final cost of the land, which can be negotiated based on each of the above points. Organized garbage and household waste disposal plays an important role. You should pay attention to this factor in advance so that this problem does not become an unpleasant surprise later.

When preparing the documents necessary to carry out a purchase/sale transaction, consult with specialists in advance. It may be necessary to contact the cadastre to obtain the relevant information.

You should remember the intended use of agricultural land. If registration of residence is necessary, you must purchase a plot of land with the purpose of dacha construction. Otherwise, you can build a residential building, but without the possibility of registration.

If you own land for farming, but need additional land for haymaking and grazing, you can enter into a lease agreement (possibly long-term) with the owners - individuals or legal entities, including the local community. Gardening plots can be purchased as personal or collective property.

It should be remembered that on lands allocated for gardening it is unacceptable to grow perennials or erect permanent buildings. It is only permitted to place temporary structures for storing equipment or recreation. In case of violations, local executive bodies may oblige the owners to demolish the structures at their own expense and impose a fine.

Land for farming can be acquired not only by citizens, but also by enterprises/organizations with the subsequent allocation of plots for the use of their employees. Privatization of these plots is not provided. Alternatively, you can buy land by submitting an appropriate petition to the owners.

Agricultural land should not be used for other purposes. This is fraught with sanctions from regulatory authorities.

In accordance with Article 7 “Composition of lands in the Russian Federation” of the Land Code of the Russian Federation (LK RF), lands are divided into categories according to their intended purpose. The first among them is the category of agricultural land.

The concept of agricultural land is formulated in Article 77 “The concept and composition of agricultural land” of the Land Code of the Russian Federation. These are lands that are located outside populated areas and provided for agricultural needs, as well as those intended for these purposes. The same article establishes the composition of agricultural lands ─ agricultural lands, lands occupied by on-farm roads, communications, forest plantations intended to ensure the protection of lands from negative impact, water bodies, as well as buildings, structures, structures used for the production, storage and primary processing of agricultural products.

Agricultural lands of the Russian Federation

Constituting about a quarter of the entire territory of the Russian Federation, agricultural land accounts for its share in the total volume land resources second only to forest lands, which occupy more than half the country's area.

Types of use of agricultural land ─ arable land (it accounts for the bulk of agricultural land), pastures, hayfields, gardens, vineyards, fish ponds, etc.

Despite the fact that Russia is one of the world leaders in terms of arable land area, only about 8% of its territory is plowed. This is approximately three times less than in the USA and six times less than in India. Although there are subjects of the Federation where more than half of the entire territory is plowed, ─ Belgorod, Voronezh, Kursk, Lipetsk, Oryol, Rostov, Saratov, Tambov regions; Krasnodar and Stavropol territories.

It must be said that agricultural land is not only within the category of agricultural land. They make up a significant share of the lands of populated areas. There are agricultural lands in such categories as industrial, energy, transport, communications and other lands special purpose, forest lands, lands of specially protected areas and objects.

Largest share different kinds agricultural land is occupied in the south of the country ─ in the North Caucasus and South federal districts. The smallest ─ in harsh Siberia and poorly developed Far East. The main agricultural regions with an abundance of arable land are concentrated mainly in the Center and South of the European part, in the Middle and Lower Volga region, and to a lesser extent in the south of the Urals, Siberia and the Far East.

What does the Law on Agricultural Land say? Legal regime of agricultural lands

The importance of agricultural land is measured not only by its share in land fund. The food security of the state depends on their condition and productivity. A large part of the country’s population works on the land - rural residents make up a quarter of Russians.

In the early nineties, revolutionary changes took place in the system of land relations in the Russian Federation, leading to their radical change. Agricultural lands ended up in the ownership of tens of millions of former collective farmers and state farm workers, among whom over one hundred million hectares of land were redistributed. Behind a short time social structure The Russian village has changed dramatically, a new social stratum has been formed - land owners, to whom the rights to agricultural land have been transferred.

The experience of the world's leading economies convinces us that this was the right move. The agro-industrial complex develops most successfully when agricultural land is predominantly privately owned. Therefore, despite the certain rollback that accompanied the provision of agricultural land into private hands natural indicators(over the period 1990–2008, the total production of agricultural products decreased noticeably), positive results will not be long in coming.

Considering the changes that have taken place in the country, much attention was paid to the formation of the legal foundation for these transformations. Accepted regulations, designed to make land legislation and part of civil legislation related to land plots, including those related to agricultural lands, as efficient as possible.

Some of the most important of these include:

• “Land Code of the Russian Federation” dated October 25, 2001 No. 136-FZ (Chapter XIV “Agricultural Land”);
• reflecting the peculiarities of the turnover of agricultural land, Federal Law of July 24, 2002 No. 101-FZ “On the turnover of agricultural land”;
• regulating, among other things, the transfer of agricultural land Federal Law No. 172-FZ dated December 21, 2004 “On the transfer of lands or land plots from one category to another” (Article 7 “Features of the transfer of agricultural lands or land plots as part of such lands from agricultural land into another category");
• Federal Law of July 16, 1998 No. 101-FZ “On government regulation ensuring the fertility of agricultural lands";
• ● Federal Law of December 29, 2006 No. 264-FZ “On the Development of Agriculture” (Article 13 “ Governmental support measures to increase land fertility, protect agricultural lands");
• Federal Law of June 11, 2003 No. 74-FZ “On Peasant (Farm) Farming” (Article 12 “Procedure for the provision of land plots from agricultural lands in state or municipal ownership for the farm to carry out its activities”).

Agricultural land ─ permitted use

In accordance with Article 78 “Use of agricultural lands” of the Land Code of the Russian Federation, agricultural lands can be used by farms ─ peasant (farmer) and personal subsidiary plots, business partnerships and societies production cooperatives, state and municipal unitary enterprises, various commercial organizations, departments of scientific and educational organizations agricultural profile, etc.

By order of the Ministry economic development of the Russian Federation dated September 1, 2014 No. 540, a classifier of types of permitted use of land plots was approved, including various types of use of agricultural land.

The main purpose of agricultural land follows from the name of the category - farming. The classifier puts it “on the shelves” ─ types of permitted use of a land plot: crop production, livestock farming, beekeeping, fish farming, scientific support for agriculture, storage and processing of agricultural products, maintaining personal subsidiary plots on field plots, maintaining nurseries, ensuring agricultural production.

In turn, some names of types of permitted use of a land plot “break down” into separate components. For example, land for crop production includes agricultural land for gardening, vegetable growing, growing grains and other agricultural crops, flax and hemp, tonic, medicinal, flower crops. Livestock farming is divided into cattle breeding, fur farming, poultry farming and pig farming.

In addition, agricultural use includes the storage and processing of agricultural products, including the construction on agricultural lands of buildings and structures used for the storage and processing of agricultural products.

Protection of agricultural lands

Foreign experience shows that in economically developed countries the enormous importance and characteristics of agricultural lands are fully taken into account when managing land resources. And in Russia, agricultural lands within agricultural lands are subject to special protection.

Monitoring agricultural lands helps track their condition. State land monitoring is part of the state environmental monitoring, which is a system of observation, assessment and forecasting of land conditions, including soil fertility. Its objects are all lands of the Russian Federation. The implementation of state monitoring of agricultural lands and lands of other categories used for agricultural needs is regulated by Federal Law No. 101-FZ of July 16, 1998 “On state regulation of ensuring the fertility of agricultural lands.”

Ensuring the fertility of agricultural lands is of utmost importance. 58.5% of agricultural land is exposed to erosion and deflationary hazards, including 67% of arable land. Almost 40 million hectares are affected by water erosion, and more than 66 million hectares are affected by wind soil erosion. Their joint manifestation takes place on six million hectares.

All this leads to a reduction in the productive area of ​​agricultural land. Over the course of two decades since 1990, an average of up to two million hectares were withdrawn from agricultural production annually. The reclamation of agricultural land is of particular importance. Important aspect this work ─ carrying out agrotechnical, agrochemical, reclamation, phytosanitary, anti-erosion measures.

Transfer of agricultural land

The transfer of agricultural land or land plots as part of such land from agricultural land to another category is allowed in exceptional cases. Here are some of them:

• land conservation;
• creation of specially protected natural areas or classification of lands as lands of environmental, historical, cultural, recreational and other particularly valuable purposes;
• changes in the features of settlements;
• placement of industrial facilities on lands whose cadastral value does not exceed the average level of cadastral value for the municipal district (urban district);
• inclusion of lands unsuitable for agricultural production into the forest fund lands, water fund lands or reserve lands.

The law seeks to close all loopholes by which fertile land is excluded from agricultural production. Although dispassionate statistics show that agricultural land can be reduced not only due to the impact of unfavorable factors of natural or anthropogenic origin. One of the reasons is the transfer of land to other categories. Only for the period 1995–2007. By changing the category or type of permitted use, about one and a half million land plots were withdrawn from agriculture.

Features of agricultural land turnover

The sale of agricultural land has its own characteristics. In accordance with the Federal Law of July 24, 2002 No. 101-FZ “On the turnover of agricultural lands” in the event of the sale of a land plot from agricultural lands to a subject of the Russian Federation or a municipal entity, if this is established by law of this subject, has a pre-emptive right to purchase it. And at the price for which it is sold. An exception is sales at public auction.

A transaction as a result of which such a plot of agricultural land was sold in violation of the pre-emptive right is void.

Considering that it is not always possible for an effective owner to purchase agricultural land for running an agricultural business, special meaning lease purchases. Agricultural land lease plays important role in agriculture in many countries of the world, it can bring great benefits in Russia.

Those that have undergone state cadastral registration can be leased land from agricultural lands, including land plots that are in shared ownership.

A lease agreement for a land plot of agricultural land in state or municipal ownership, with the exception of a number of cases, is concluded for a period of three to forty-nine years.

Valuation of agricultural land

Cost of agricultural land ─ important indicator, affecting the possibility of a land plot to be involved in civil circulation. And the cadastral value of agricultural land determines the amount of tax that will be levied on its owners.

The state cadastral valuation of agricultural land is carried out in accordance with two documents. Newer ─ Guidelines according to the state cadastral valuation of agricultural land, approved by Order of the Ministry of Economic Development of Russia dated September 20, 2010 No. 445. If the cadastral value of land plots occupied by agricultural land, contained in the state real estate cadastre, is determined in the manner in force before its entry into force, then valid Guidelines according to the state assessment of agricultural land, approved by order of the same Ministry dated July 1, 2005 No. 145.

Land relations in Russia are going through a difficult stage. It is difficult to build a modern modern world with inevitable mistakes. efficient system land use. A balance of optimal interaction between the state, business and society is sought. On the one hand, administrative regulation should not suppress private initiative, and on the other, in the “element of the market” it is impossible to lose important guidelines for everyone, such as, for example, the priority solution of environmental problems.

The rich man is a reliable support on this path. historical experience Russia, including many periods of land transformations. Suffice it to recall Stolypinskaya agrarian reform, the rich heritage of which is still being studied.

The main guideline is effective optimal combination market mechanisms and government intervention, management of agricultural land is the key to food security and social well-being not only for rural residents, but also for the entire population of a huge country.

Hello. You won't be able to build anything.

Approved
Presidium Supreme Court
Russian Federation
June 4, 2014
REVIEW
JUDICIAL PRACTICE OF THE SUPREME COURT OF THE RUSSIAN FEDERATION
FOR THE FOURTH QUARTER OF 2013
Question 5. Is it allowed to use agricultural land for individual housing construction?
Is it possible to change the type of permitted use of an agricultural land plot (for example, “for running a peasant (farm) enterprise”, “for running a personal subsidiary plot”, etc.) to the type of permitted use “for running a dacha farm” (“for a dacha farm”) construction")?
Answer. According to the Constitution of the Russian Federation, land and other natural resources are used and protected in the Russian Federation as the basis for the life and activities of the peoples living in the corresponding territory; they can be in private, state, municipal and other forms of ownership (Article 9); possession, use and disposal of land and other natural resources carried out by their owners freely, if this does not cause damage environment and does not violate the rights and legitimate interests of other persons; the conditions and procedure for using land are determined on the basis of federal law (Parts 2 and 3 of Article 36).
By virtue of paragraph 1 of Art. 1 of the Federal Law of July 24, 2002 N 101-FZ “On the turnover of agricultural lands”, its effect does not apply to land plots provided from agricultural lands to citizens for individual housing, garage construction, personal subsidiary and dacha farming, gardening, livestock farming and gardening, as well as land plots occupied by buildings, structures, and structures.
The turnover of these land plots is regulated by the Land Code of the Russian Federation.
According to Art. 77 of the Land Code of the Russian Federation, 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, which include agricultural land.
Article 79 of the said law defines the features of the use of agricultural land and establishes that agricultural land - arable land, hayfields, pastures, fallow lands, lands occupied by perennial plantings (orchards, vineyards and others) - within agricultural lands have priority in use and are subject to special protection Particularly valuable productive agricultural land may, in accordance with the legislation of the constituent entities of the Russian Federation, be included in the list of lands the use of which for other purposes is not permitted (clauses 1 and 4).
In accordance with paragraph 2 of Art. 7 of this code legal regime lands are determined based on their belonging to one or another category and permitted use in accordance with the zoning of territories, general principles and the procedure for which is established federal laws and the requirements of special federal laws.
The Town Planning Code of the Russian Federation (hereinafter referred to as the GSK RF) defines town planning zoning as the zoning of territories municipalities in order to determine territorial zones and establish town planning regulations, which are included in the rules of land use and development and determine the legal regime of land plots, as well as everything that is located above and below the surface of land plots and is used in the process of their development and subsequent operation of objects capital construction. These regulations indicate the types of permitted use of land plots and capital construction projects located within the relevant territorial zone. Town planning regulations are not established for agricultural lands as part of agricultural lands, and decisions to change one type of permitted use of land plots and capital construction projects located on lands for which town planning regulations are not established to another type of such use are made in accordance with federal laws (clause 6 of article 1, clause 3 of part 2 and part 6 of article 30, part 1, 6 of article 36, part 5 of article 37).
Thus, for agricultural lands as part of agricultural lands, urban zoning is not carried out and the types of permitted use of land plots and capital construction projects are not established, as a result they cannot be changed. The ban on the establishment of urban planning regulations excludes the possibility of using these lands for the development and subsequent operation of construction projects, as well as the application of the procedure for making decisions on changing the type of permitted use of land plots and capital construction projects, provided for in clause 3, part 1, art. 4 of the Federal Law of December 29, 2004 N 191-FZ “On the entry into force of the Town Planning Code of the Russian Federation.”
There is no other federal law regulating the use of land plots for which urban planning regulations are not established and the procedure for zoning of territories is determined, which means that it is impossible to change the type of permitted use of agricultural land plots as part of agricultural land and the principle of maintaining the intended use of these land plots is valid , secured by sub. 1 clause 3 art. 1 of the Federal Law of July 24, 2002 N 101-FZ “On the turnover of agricultural land”.
In Strategy national security of the Russian Federation until 2020, approved by Decree of the President of the Russian Federation of May 12, 2009 N 537, it is established that food security in Russia should be ensured by preventing the depletion of land resources and the reduction of agricultural land and arable land.
Thus, before the adoption of special legislation on the zoning of territories for agricultural land, a special legal regime has been established with the goal of protecting these lands and preventing the removal of such lands from agricultural use and their development, including for the purpose of use in agricultural activities.
Taking into account the above, a change in the type of permitted use for agricultural land as part of agricultural land is possible only after the transfer of these lands or land plots as part of such land from agricultural land to another category. This translation is permitted in exceptional cases listed in Part 1 of Art. 7 of the Federal Law of December 21, 2004 N 172-FZ “On the transfer of lands or land plots from one category to another,” including those related to the establishment or change of the boundaries of settlements. Features of the transfer of agricultural lands to the lands of populated areas by including a land plot within the boundaries of a populated area or excluding it from the boundaries of a populated area are provided for in Art. 4.1 of the Federal Law of December 29, 2004 N 191-FZ “On the introduction into force of the Town Planning Code of the Russian Federation.”
Article 81 of the Land Code of the Russian Federation establishes the provision of agricultural land to citizens for running peasant (farm) farming and personal subsidiary plots, citizens and their associations for gardening, truck farming and dacha construction and does not provide for their use for individual housing construction.
According to Part 10 of Art. 35 and part 3 of Art. 36 of the Civil Code of the Russian Federation, zones of agricultural use (including zones of agricultural land), as well as zones occupied by agricultural objects and intended for agriculture, dacha farming, gardening, development of agricultural objects, may be included in the territorial zones established within the boundaries settlements. Land plots and capital construction projects located within the boundaries of this territorial zone are subject to urban planning regulations.
Taking into account the above provisions and rules of paragraph 2 of Art. 7 of the Land Code of the Russian Federation, land plots provided from agricultural lands to citizens for running peasant (farm) farming and personal subsidiary plots, citizens and their associations for gardening, truck farming and dacha construction, may be included in the specified territorial zones within the boundaries of settlements as a result transfer of these land plots to another category - “land of settlements”.
The inclusion of these land plots within the boundaries of a populated area with the simultaneous establishment or change of the type of permitted use can be carried out in accordance with the procedure. 1 and 2 tbsp. 4.1 of the Federal Law “On the implementation of the Town Planning Code of the Russian Federation”.
However, before the transfer of land to another category, the current legislation does not provide grounds for changing the type of permitted use of agricultural land as part of agricultural land, as well as agricultural land plots provided for gardening, market gardening and dacha construction, peasant (farm) farming and personal subsidiary farming for citizens and their associations.

If you look at the map of the PZZ, it turns out that all the lands (fields) are farmland, i.e. nothing is suitable for the farm by default!
and the PZZ document states:
“Article 25 Urban planning regulations for the zone of agricultural land, public pastures and hayfields (types of permitted use and limit parameters)

The head of the administration answered you correctly,

1. The land plot is located in the Cx-1 zone - a zone of agricultural land, public pastures and hayfields. According to Article 79 of the Land Code of the Russian Federation, agricultural land as part of agricultural land has priority in use and is subject to special protection. 2. According to Article 36 of the Town Planning Code of the Russian Federation, the town planning regulations determine the legal regime of land plots and are used in the process of their development and subsequent operation of capital construction projects. Town planning regulations are not established for “agricultural land” as part of agricultural land. In this connection, there are no grounds for the construction of buildings, structures, structures on the specified site. Vladimir

There are no town planning regulations established for the specified area, therefore the PZZ that you are looking at has nothing to do with this area Dont Have.

2. Is it possible to dig ponds? It seems that permission must be obtained in any case?
Vladimir

.Question: About changing the type of permitted use of a land plot from agricultural land during the construction of a digging pond on this land plot.

Answer:
MINISTRY OF ECONOMIC DEVELOPMENT OF THE RUSSIAN FEDERATION

The Real Estate Department of the Ministry of Economic Development of the Russian Federation has considered an appeal on the issue of changing the type of permitted use for the construction of a pond on a land plot from agricultural land and reports the following.
According to paragraph 2 of Art. 77 of the Land Code of the Russian Federation, agricultural lands are distinguished as agricultural lands, lands occupied by on-farm roads, communications, forest plantations intended to ensure the protection of lands from the effects of negative (harmful) natural, anthropogenic and man-made phenomena, water bodies, as well as buildings, buildings and structures used for production, storage and primary processing of agricultural products.
In accordance with paragraph 1 of Art. 40 of the Land Code of the Russian Federation, the owner of a land plot has the right to build ponds and other water bodies in accordance with established by law environmental, construction, sanitary and hygienic and other special requirements.
By general rule the permitted use of land plots is determined by the town planning regulations contained in the rules of land use and development (clause 9 of article 1, clauses 2 and 6 of article 30 of the Town Planning Code of the Russian Federation).
At the same time, town planning regulations defining the permitted use of land plots are not established for individual categories lands, including agricultural lands as part of agricultural lands (clause 6 of article 36 of the Town Planning Code of the Russian Federation).
The use of land plots to which town planning regulations do not apply or for which town planning regulations are not established is determined by the authorized federal authorities executive power, authorized executive bodies of the constituent entities of the Russian Federation or authorized local government bodies in accordance with federal laws (clause 7 of article 36 of the Town Planning Code of the Russian Federation).
It should be noted that the procedure for making a decision on changing the permitted use of land plots to which urban planning regulations do not apply or for which urban planning regulations are not established is not currently defined by federal legislation.

3. Is it possible to fence the area with a fence?
Vladimir

It is possible if this fence is not on the foundation.

A classifier of types of permitted use of land plots was adopted in 2014 and supplemented in 2015. According to it, all lands of the Russian Federation are divided into 13 categories, each of which has clarifying subcategories. The fundamental principle of classification is the intended purpose. Thus, land is allocated for agriculture, residential development, entrepreneurship, manufacturing, summer cottage construction, etc.

Agricultural lands are coded “1”. The exact code that is indicated in the documents for the plot consists of a number with a fraction: the second part shows what the specified VRI is for the land. For example, a plot marked “1.3” allows you to engage in vegetable growing. We collected all the information about agricultural land and types of permitted use in 2018 in the table:

If you are interested in “agricultural land types of permitted use 2018” because you want to change the VRI, then you should know that to change the main type of use or obtain an additional one within the framework of those permitted in a given territory, you only need to write an application. But to obtain a conditionally approved VRI, you will have to contact the Rosreestr commission or the court.

Is it possible to build on plots with the permitted use of agricultural land?

On lands intended for agriculture, the construction of buildings for storing and processing products, as well as for keeping and housing farm animals is permitted. This can also include buildings that are required to maintain the economy. However, the need for such buildings will need to be proven. For example, if you have a livestock farm and animals need round-the-clock care, then as a conditionally permitted VRI you will be able to obtain permission to build a house. However, we will immediately warn you that it will be a complicated procedure, since you will have to go to the commission under Rosreestr or to court.

RFI consult specialists will advise on any issues related to the types of permitted use of agricultural land in 2018, help change the VRI or transfer the land plot to another category. Contact us and make sure that there are no impossible tasks for us!

Special rules and regulations apply to agricultural lands, because the state monitors the preservation of the environment.

This article describes what types of agricultural land there are, what legal acts regulate them and how each of them is used.

Legislative regulation of the issue

The legislation divided all lands in our country into 7 categories (Article 7 of the Land Code of the Russian Federation).

They are all divided according to permitted (intended) use, and therefore - according to the actions that are allowed to be carried out in each specific area.

The law refers to agricultural lands areas:

• What are located beyond the boundaries of populated areas.
• Where agricultural production or activity is carried out - food products and raw materials of plant origin are created.

The agricultural plots themselves divided into the following categories:

According to the law, the following categories of the population have the right to use agricultural plots:

• Cossack associations and unions of indigenous Northern peoples.
• Commercial organizations of any form and public organizations(religious, consumer and affiliate).
• Centers engaged in research into the development of agricultural approaches.
• Associations of peasant farms and independent peasant farms.
• Owners of allotments who conduct independent subsidiary farming.

Definition of concepts

Each type of agricultural plots has its purpose, on which it depends:

• Which construction works and production activities can be carried out on this land plot (PL).
• Utility lines that can or are required to be laid to the site.
• What buildings and structures (warehouses, utility rooms, production complexes) can be located on this landfill.

Article 78 of the Land Code enshrines main types of permitted use of agricultural land. In essence, this is a characteristic that clarifies and legitimizes the type and rules of conducting activities in a given territory.

The intended purpose of any land plot is indicated in documents confirming the right of use or ownership, as well as in the database of cadastral services.

So, the following types are distinguished:

Special purpose any agricultural plot is indicated on it. Its category is written in the corresponding column.

How can you use agricultural plots?

Anyone who wishes to purchase a plot of land must find out what type of activity is permitted on the land.

Most of the agricultural land is used for economic and production activities, which requires large structures and buildings.

On storage units used for farming and peasant activities, construction work is permitted. Registration at a farmhouse does not differ in any special ways and is carried out in a standard way. This is due to the peculiarities of farming: the farmer has to most day to cultivate the plot, he needs somewhere to live.

Therefore, it is allowed to build a house on the site. Peasant farms (peasant farms) themselves can be founded either by groups of citizens or by one person (in the first case, the rights to a plot and other property will be shared). The plots themselves can only be used for the production and processing of agricultural products and raw materials.

So, construction on lands allocated for peasant farming, is permitted under certain conditions:

1. If this allows for necessary conditions for farming. You will need to provide the administration with documents confirming that you are engaged in this type of activity, you have a plot intended for peasant farming, and you require a residential building (cottage) on its territory where workers will live.
2. The land is not divided into several plots, but is a large area of ​​several hectares (at least 3.5).

On lands intended for livestock farming activities, engaged in grazing agricultural animals and preparing feed for them.

Conduct construction on landfills intended for agricultural production, or where activities to improve soil or water (so-called reclamation) are carried out is prohibited.

On gardening grounds Residential buildings are allowed to be erected. In this case, it applies to the object - you do not need to obtain permission to build a house and put it into operation. The house must only comply with the rules listed in SNiP.

It will be more difficult to obtain registration, since the site is located outside the populated area. The object itself is considered non-residential premises, and a building can be recognized as residential only after receiving several opinions from experts.

Lands destined For construction of a dacha, are used for the construction of residential buildings in which people will live during agricultural work or as a place for summer recreation. On such plots it is allowed to grow garden and garden crops. However, you will not be able to register in a residential area.

Plots used for personal subsidiary plots (LPH), are located outside the city. Their intended purpose is to grow agricultural products for personal consumption. Construction of housing on such lands is prohibited by law. An allotment that is located far from urban areas and used for running private household plots is called a field plot.

On lands intended for gardening and gardening, according to the law it is allowed to build dachas.

Most often they belong non-profit organizations, operating on a voluntary basis, registered as:

• Non-profit partnership or partnership.
• Consumer cooperative.

Based on the Decree of the Constitutional Court of 2008 (“dacha amnesty”), it is allowed to register ownership of such objects.

The procedure for transferring lands

In certain situations it is necessary. This leads to the fact that the land and the buildings located on it change their status. You can clarify this issue in detail with the municipal authorities responsible for land plots, or with a lawyer.

The procedure for changing the type of permitted use will require a lot of effort and resources (primarily material). In addition, not every agricultural plot can be transferred to another category. Difficulties arise at the stage of preparing the documentation necessary to transfer land to another category, which is carried out by state bodies. authorities.

Translation is carried out as follows:

• An appeal (application) is submitted to the competent authority responsible for the transfer of the site.
• The applicant prepares the required set of documents, including:
  • Confirmation of the permitted use of the memory.
  • An extract from the registration authority confirming the right to land.
  • Conclusion of an expert from the environmental commission, which gives permission to change the type of use.
• The authorized body issues confirmation of the change of purpose of the land.

In the statement the applicant must indicate:

• The title document for the allotment.
• What characteristics does the land plot have - the type of permitted use, personal to the cadastral authority.
• What type of permitted use do you want to convert the site to?
• Regulatory legal acts confirming your right to carry out the procedure for transferring a land plot to another purpose.

If a government agency sends you a positive response, the written document states:

• Grounds according to which it is possible to transfer land to another category.
• The square footage of the land plot and its boundaries separating it from neighboring plots.
• Personal number of the site where it can be found.
• New status, assigned to the memory.

An official change in the legal status of a land plot occurs from the moment appropriate amendments are made to the USRN documents.

What are the dangers of misuse?

For using the allotment for other than the permitted purpose, you can receive an administrative penalty(based on Article 8 of the Administrative Code) in the form of a fine of up to 1% of it (the minimum amount of the fine is 10,000 rubles).

If you have built a house or commercial premises, which by law should not be located on land intended for peasant farming, it can be demolished if:

• a residential building caused damage to your neighbors - land owners. This must be documented.
• the house is located in natural area, protected by the state.
• it was built near gas pipes, cables carrying electricity or close to the highway.

Moreover, you are not entitled to compensation for the costs of building a house. The court will make a decision and oblige the owner to demolish the illegally erected building.

The misuse of land plots and penalties for these violations are described in the following video: