How to transfer agricultural land to another category

Navigating particular rules and procedures established by local authorities is necessary when transferring agricultural land to a different category. Knowing the procedures is essential whether you want to convert farmland for commercial, industrial, or residential uses. Here is a helpful guide to assist you in the process.

First, familiarize yourself with the local zoning laws and regulations that control how land is used. The kinds of land that can be converted and the circumstances under which they can occur vary depending on the jurisdiction. Usually, this entails checking with the county or city planning departments to see if the modification you want to make is allowed.

Next, determine how your agricultural land is currently classified. Generally, land is classified into four groups: agricultural, residential, commercial, and industrial. Reclassification frequently involves demonstrating that the proposed use complies with zoning laws and local development plans.

Create a thorough proposal that explains the rationale behind the land transfer. If necessary, environmental impact assessments should be included in this proposal, along with information on the proposed land use and any potential benefits to the community from the conversion. Complete and understandable documentation is necessary to back up your application.

Early on in the process, interact with local communities and stakeholders. Public consultations might be required, depending on the proposed change’s size and nature. Mitigating potential challenges and streamlining approval processes can be achieved by addressing concerns and garnering community support.

Send your application to the relevant government agency in charge of development and land use planning. Usually, this entails filling out particular forms, paying any necessary fees, and supplying supporting documentation. Anticipate a waiting period while the authorities examine your application and carry out any required evaluations.

After approval, make sure you follow any guidelines or limitations set by the government. This could involve duties pertaining to community integration, infrastructure development, or environmental protection. Respecting these terms is essential to preventing legal issues and guaranteeing the successful completion of the project.

Lastly, keep a careful eye on how your project is coming along. Maintain open lines of communication with stakeholders and local authorities to resolve any problems that may come up during implementation. Keep up with any regulatory changes that might have an impact on the requirements or timeline for your project.

You can move agricultural land to another category in an efficient and responsible manner by carefully following these steps and getting expert advice when necessary.

What is it for?

There are seven distinct land categories that each land plot falls under:

  1. agricultural land,
  2. land for settlements,
  3. forest,
  4. specially protected areas,
  5. water fund
  6. stock,
  7. industry.

The land plot may not be used for any other purpose than that for which it was designed. Permission with justification is needed for construction on an agricultural plot used for a multi-story building or retail establishment.

It should be mentioned separately that category and VRI are not interchangeable. These are entirely distinct entities. The VRI establishes the types of buildings that are permitted on the agricultural plot, whereas the category describes the land itself.

Prior to proceeding, ascertain the precise classification of the land and the permitted uses associated with it.

It might be sufficient to alter the permitted use type alone, rather than the land’s classification.

In the following scenarios, a modification to the classification of agricultural land will be necessary:

  • building, commercial or industrial real estate;
  • with the expected profit from resale (settlement land is higher than agricultural land);
  • organization of a production enterprise or store on the site;
  • construction of an apartment building intended for auxiliary work;
  • organization of a nature reserve on agricultural land;
  • construction of residential buildings.

Should you choose to use the land for purposes other than changing its category, you might be subject to an administrative fine ranging from 3,000 to 20,000 rubles.

What is regulated by changing categories??

All lands are categorized by the Land Code according to their intended use.

They all possess distinct legal properties.

If you want to change the classification of agricultural land, you must meet all requirements. The following is outlined in the federal law "On the transfer of lands or land plots from one category to another":

  • procedure for starting production,
  • Contents of the request to change category,
  • conditions and terms of consideration of the case,
  • reasons for refusal and appeal.

If the law says that a particular action is inadmissible, then you should never participate in transfer.

Such circumstances do occur:

  1. When an environmental assessment issues a negative conclusion.
  2. When establishing the non-purpose purpose of territorial planning.

Any interested party or his representative should begin the process of transferring agricultural land to another category, including:

  • land owners;
  • rights holders of various buildings located on the disputed land;
  • local governing bodies;
  • other interested people.

Terms of transfer

How can agricultural land be moved to a different classification? The federal law lays out every circumstance in which this kind of change is permissible. The following conditions were met during the translation process:

  • land conservation;
  • organization of nature reserves;
  • construction of production facilities on agricultural land;
  • construction of highways, power lines, etc.;
  • merging unusable lands with forest, water or reserve funds;
  • mining;
  • construction of housing and communal services;
  • implementation of international guarantees for defense purposes.

Transferring agricultural land to a different category is not permitted in situations where its cadastral value is 50% greater than that of land in an urban district or municipal settlement.

Additionally, once particularly valuable agricultural products are grown on agricultural land, it is impossible to change the classification of that land.

It is frequently not necessary to obtain the owner’s permission before designating a territory as special protection.

When establishing state or municipal facilities on agricultural land, or when altering the borders of a populated area, such consent is not required.

How to change: procedure

You must write and deliver a petition in person to the state executive body or local governing bodies that have the authority to settle such matters before you can begin transferring agricultural land to another category.

Documents can be sent via registered mail as long as they are signed.

It must be specified in the prepared statement:

  • cadastral number of the transferred plot;
  • the category of land in which the transferred plot is listed and the one to which it needs to be transferred;
  • explanations of the need to replace with another;
  • authority over the land for the transfer of which an application is being drawn up.

The following documents must be attached to the application:

  • a land management project explaining in detail the meaning of the category change;
  • extraction from the land cadastre containing information about the plot of land being transferred;
  • photocopies of documents confirming the identity of the applicant, if he is an individual. If this is a legal entity, then an extract from the state register of individual entrepreneurs or an extract from the register of legal entities;
  • an extract from the state register of rights to real estate and legal ownership of a plot of land;
  • conclusion of environmental experts, if necessary;
  • agreement with the owner of the land, if required by federal law;
  • agreement with the executive body.

Executive bodies issue a final act declaring a change in the classification of agricultural land or refusing to do so after the review is finished.

The published decision that comes to a favorable conclusion needs to specify:

  • argumentation,
  • land boundaries,
  • description of the place,
  • square,
  • cadastral number.

Deadlines

The location where the application is reviewed determines when a transfer decision is made.

Within three months of receiving the request, the Russian Government makes a decision after reviewing a package of documents.

This window is shorter when applying to local executive bodies—it is two months from the date the package of documents is delivered.

Within 14 days of the date of the case decision, the plaintiff must receive the decision. The moment the applicant submits, the petition needs to be taken into consideration.

Possible refusal to change

You might not always receive the desired outcome when you change the category. Following evaluation of the translation request, executive bodies issue:

  • consent to change the category;
  • Refusal to change.

Furthermore You can get the rejection if:

  • A person who is not specified in the Federal Law handled the package of documents;
  • all requirements were not fulfilled.

The law should make this kind of refusal known within thirty days of the executive body’s acceptance. The accompanying document must specify the rationale for the rejection.

This enables it to:

  • Correct mistakes;
  • Submit a petition again.

If there is an inconsistent transfer of the agricultural land category for another applicable legislation, the refusal with the correctly compiled documents is issued. Furthermore Refusal can be based on the results of an environmental assessment as well as differences between agricultural land’s intended use and official documentation on land management and territorial design.

For instance, it will not be permitted to construct a cottage village on a land plot designated as agricultural land. A thorough, thoughtful defense of this kind of translation is necessary.

Anyone who disagrees with the refusal has the full right to protest the decision within three months of receiving it, regardless of whether they are a physical or legal person.

Useful video

This video explains the proposed elimination of the requirement to move land into a different category:

Depending on local laws, there are a number of legal and administrative procedures that must be followed in order to transfer agricultural land to another classification. It’s critical to comprehend the particular guidelines and policies established by your local government or other governing bodies.

First and foremost, it’s critical to determine the agricultural land’s current zoning classification. The restrictions and allowable uses of the land are determined by this classification. You normally have to submit an application to the appropriate zoning or land use authority in order to change this classification.

Subsequently, submitting comprehensive documentation justifying the suggested alteration in land use is typically the next step in the application process. Proposed land use plans, environmental impact assessments, and occasionally discussions with local stakeholders or environmental specialists are examples of this.

It’s crucial to follow all legal requirements and local law deadlines throughout the process. This guarantees that your application will be handled efficiently and in the anticipated amount of time.

The approval of the land category change may entail additional duties or conditions. These might include paying more taxes, following new construction codes, or abiding by particular land use restrictions for the recently created category.

To sum up, the process of converting agricultural land into a different classification is methodical and necessitates close attention to legal specifications and procedural guidelines. Through early engagement with pertinent authorities, comprehensive documentation, and continuous compliance monitoring, landowners can effectively navigate this transition and achieve their intended land use objectives.

It is essential to navigate legal requirements and environmental considerations when transferring agricultural land to a new category. There are several steps involved in this transformation, from securing the required permits to evaluating the effects on nearby ecosystems. Comprehending these protocols not only guarantees adherence to regulatory structures but also advances sustainable land use methodologies. With the goal of bringing clarity and direction to those involved in building and renovation projects, this article examines the crucial processes and factors that must be taken into account when transferring agricultural land.

Video on the topic

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