Many people have the dream of converting agricultural land into individual building plots for homes so they can live away from the bustle of the city. But because there are a lot of legal and administrative steps involved, the process can seem overwhelming. Making the transition easier and avoiding potential pitfalls can be achieved by understanding how to handle these steps.
Knowing the laws governing land use is the first step in this process. It’s important to familiarize yourself with local laws as each region may have different regulations and requirements. This entails determining the kind of land, seeing if it’s subject to any restrictions, and being aware of the precise requirements for reclassification.
Making an application for land reclassification is the next step after you’ve gathered all the required data. Usually, this calls for a number of documents, such as land survey maps, ownership documentation, and a thorough plan detailing the intended use of the property. It is advisable to seek advice from experts or local authorities to make sure that all paperwork is accurately filled out and turned in.
The cost factor is the last one. Re-registering agricultural land for the purpose of building homes may entail paying a number of fees, such as application and surveyor fees, in addition to potential taxes or levies. By being aware of these costs up front, you can make appropriate budgetary decisions and avoid unforeseen costs later on.
You can transform your agricultural land into a lovely residential plot and create the foundation for your dream home by carefully following these comprehensive instructions and being well-prepared.
- When can you change the status of agricultural land?
- Required documents
- Conditions for changing VRI
- How does land transfer occur?
- Price
- Can they refuse??
- Video on the topic
- Transfer of land from private plots to individual housing construction. What you need to know to avoid losing money?
- Registration of a house on agricultural land. Our experience.
- Changing the category of agricultural land into land of settlements. Real Estate Lawyer.
- TRANSFER OF AGRICULTURAL LAND TO RESIDENTIAL DEVELOPMENT! WHAT"S HAPPENING NOW?
- Transfer from SNT to individual housing construction I Pros and Cons
- Purchase of land from lease to ownership
- How to change the type of permitted use of a land plot?
- How to change land category? Individual housing construction I SNT I type of permitted use
When can you change the status of agricultural land?
One kind of approved land use is the construction of individual homes. The site is being used to ensure that it will be possible to legally construct homes and cottages meant for single-family use.
Plots for individual residential construction are highly sought after in the real estate market, and there’s good reason for this:
- In a built house, you can register at the place of residence.
- It’s easy to register the rights to a building and make it the subject of a transaction.
The general procedure is followed in order to change a plot’s VRI for individual housing construction: the land category is changed from "Agricultural Land" to "Settlement Land," and the desired type of permitted use is chosen.
It is technically feasible to change the classification of land if an agricultural plot is situated inside or close to a populated area.
The transfer of land will be refused if this requirement is not fulfilled.
You can register the building as an individual housing construction project without altering the land plot’s classification if you own a summer cottage plot or a plot set aside for gardening.
The only prerequisite is adhering to specific guidelines while building. Only in this scenario will the house be granted authorization to operate and be able to be registered in compliance with the legal process.
Required documents
The following documents govern the modification of the land plot’s VRI if it is subject to both the territory’s and the city’s environmental protection regulations:
- Articles 37-38 City. Code of the Russian Federation
- Law 191-FZ
- Regulatory and legal acts adopted on the territory of the settlement regulating the development of the area.
If the land category needs to be changed, attorneys advise applying Law 172-FZ’s provisions.
Conditions for changing VRI
In order to designate a site as a VRI for "Individual Housing Construction," it must be located inside the locality’s boundaries. It should be kept in mind that it might not be financially advantageous to change the classification of land on a plot with a high cadastral value.
This is explained by the fact that you will have to reimburse the state for any losses incurred due to the land plot’s inability to produce agricultural products going forward if you choose to remove it from the agricultural category.
You should expect to have to provide an explanation for moving a piece of land into a category with lower value.
The regional government administration holds the authority to convert agricultural land into settlement land.
The legal framework of the Russian Federation’s member states specifies the process for modifying a plot’s classification.
The regulations that are in effect in your area will contain information about the terms of the transfer.
In certain exceptional circumstances, such as when redrawing a settlement’s borders, it is legal to change the classification of land. In this instance, a change in the category of land is implemented concurrently with a change in the type of permitted use of the site.
In order to convert agricultural land to individual housing development (i.e., to eventually become part of this VRI), the following procedures must be followed:
- Submitting an application to the settlement administration to include the site within the boundaries of the settlement. The administration of the municipal district accepts applications regarding sites located in inter-settlement areas.
- Conducting a feasibility assessment changes in the boundaries of a settlement.
- If there is a positive conclusion about the possibility of including the site within the boundaries of the settlement, the application and conclusion are transferred to the regional executive authority.
- Making a decision by the executive authority of a constituent entity of the Russian Federation to expand the boundaries of a settlement and change the type of permitted use of land. The authorized body is given 30 days by law to make a decision or issue a refusal.
Since the land’s classification is changing to permit the construction of homes on the site, public hearings are not necessary.
Under the correct supervision, transferring agricultural land for individual housing construction can be a simple process that involves navigating legal and bureaucratic processes. This article offers detailed instructions on how to reclassify agricultural land for residential use, along with information on required paperwork, next steps in the process, and typical expenses. You can make sure your land is prepared for home construction by understanding and effectively managing the re-registration process by adhering to these guidelines.
How does land transfer occur?
Owners of this property and users may apply, with the owner’s written consent, to modify the category of land allotment and its VRI.
The following details must be included in the petition:
- Cadastral number of the property. In some cases – the area of the site, a description of its location.
- Available and desired category of land.
- Economic justification for the procedure for changing the allotment category.
- Certification of rights to the site.
All supplied data needs to be recorded.
The administrative document of the executive authority of the constituent entity of the Russian Federation is forwarded to the local administration following consideration of the application.
The municipality sends the document to the Rosreestr (Cadastral Chamber) bodies to make changes to the information in the state land cadastre after receiving a favorable decision from a higher authority.
Data about the assigned land plot and the new land category are entered into the Cadastre within fifteen days.
Price
While the process of submitting and reviewing the application is free, there may be a state fee associated with the preparation of certain documents.
Therefore, in order to modify the Land Cadastre, you must pay for the following procedures when submitting data independently to Rosreestr:
- Change details in the Register – from 245 to 350 rubles. For legal entities and individual entrepreneurs the cost is higher – from 700 to 1000 rubles.
- Providing an extract from the Unified State Register of Real Estate (the document is attached to the application sent to the authorities) – from 300 to 750 rubles. – for citizens. For other structures – from 600 to 2200 rubles.
You will need to go through the land surveying process if the plot’s rights are not properly registered.
Following this, the fact that land is owned is simultaneously registered with the cadastral registration process.
Depending on the location of the procedure and the customer’s legal status, the cost of this procedure can range from 7,000 to 57,000 rubles.
A lawyer can be trusted to change the category and VRI of a land plot; he will provide you with an accurate cost estimate. Financial costs in this case may exceed 100,000 rub depending on how complicated the case is.
Can they refuse??
The administrative regulations for the provision of public services contain a comprehensive list of grounds for rejecting an application.
Usually, this is:
- Submission of an application by a person who does not have the legal right to do so.
- The list of accompanying documents is incomplete or their form contradicts the requirements of current legislation.
The applicant must be made aware of the reasons for the rejection and has the right to make corrections at any time. The updated set of papers is sent back to the appropriate authority.
It makes sense to think about switching the VRI to another type that permits construction on agricultural lands, such as SNT or DNP, in the event that the application is denied for lack of motivation.
Plots that do not fit into the category of agricultural lands may be re-registered.
A petition to modify the VRI of land is filed with the local administration, and the working group reviews it after considering the outcomes of public hearings.
The cadastral value of the land and the tax rate will both rise if we reclassify the land as "Settlement Lands," which will result in a higher total amount of tax on the property.
Step | Description |
1 | Check local regulations: Research your local zoning laws to en Once approved, register the land"s new status with the local land registry office to complete the process. |
Cost | Description |
Surveyor fees | $500 – $2,000, depending on the size and complexity of the land. |
Application fees | $100 – $1,000, depending on local government regulations. |
Legal fees | $500 – $3,000, if you choose to hire a lawyer to assist with the process. |
Registration fees | $50 – $200, to register the new land status. |
Although transferring agricultural land for the construction of individual homes can be a complicated process, it is manageable with proper planning and knowledge of the procedures involved. Complying with regional regulations, securing the required permissions, and comprehending local zoning laws are crucial steps. An easier transition can be ensured by interacting with local authorities at the outset of the process.
Depending on the location and particular requirements, re-registration fees can differ greatly. It’s crucial to set aside money for administrative costs, prospective surveys, and any necessary legal counsel. Having land set aside for individual housing can have long-term advantages that exceed the initial costs, despite the sometimes intimidating financial commitment.
In the end, the work required to reclassify land may result in worthwhile chances for residential construction. It facilitates individual investment in the construction of a house and advances the neighborhood’s general development. To ensure a successful outcome and to navigate the process effectively, proper preparation and research are crucial.