How to transfer land from gardening to individual housing construction: procedure and cost of the issue

Do you intend to build your ideal home on the garden plot you currently own? There are particular steps and things to take into account when converting land from gardening to individual home construction. Knowing the procedures and expenses involved is essential for a seamless transition, whether you’re starting from scratch or renovating an existing property.

First and foremost, it’s critical to review local zoning laws and ordinances. Specific regulations apply to the construction and use of land in different areas. To find out the requirements for converting a gardening plot to residential use, get in touch with your local zoning or planning department. Prior knowledge of these regulations can help avoid later expensive delays or legal problems.

Next, evaluate the state of your existing garden plot. Think about things like accessibility, drainage, and soil quality. These elements may affect how feasible and expensive it is to prepare the land for building. To make sure the land is suitable for building a house, you might need to perform soil tests or make improvements.

Seek advice from an expert, such as a civil engineer or land surveyor, before moving forward. They can offer perceptions into the technical facets of building viability and site preparation. A surveyor can assist in precisely drawing property lines and locating any potential barriers or difficulties.

Once you are fully aware of your land’s conditions and the zoning requirements, you will need to apply for and receive the appropriate approvals and permits. This usually entails a building permit in addition to any additional land use change approvals. Permit and approval fees can differ significantly based on your location and the nature of the project.

Budgeting is also essential for utilities and infrastructure. Water, sewage, electricity, and gas may need to be extended to your new home site in order to convert a gardening plot to residential use. When creating your budget, account for these expenses to prevent unpleasant surprises later on.

Lastly, think about your project’s overall schedule. There are multiple sequential steps involved in converting land from gardening to residential construction, each with its own timeline. Allow for possible weather-related delays, the need for regulatory clearances, or unanticipated difficulties. A more seamless transition from garden to home can be achieved by setting realistic expectations and adhering to a schedule.

You can successfully navigate the process of turning your gardening plot into a residential construction site by adhering to these guidelines and being aware of the associated costs. You’ll be one step closer to realizing your dream house with meticulous planning and preparation.

Procedure	Cost
Check zoning laws for housing conversion.	Determine fees for land reclassification.
Submit application to local planning department.	Pay application and processing fees.

Feasibility

When looking for a construction site, individuals who wish to begin housing construction often prefer to use an alternative option because plots with VRI "Individual Housing Construction" are more expensive.

Prospective developers tend to focus on garden lands because they are frequently found in close proximity to populated areas.

The only kinds of buildings that are currently permitted on "garden" lands are makeshift sheds used for equipment storage. Both plots on agricultural land and plots inside of populated areas are subject to this legal rule. See a different article for more details on what can be constructed on land used for gardening.

2019 will see the implementation of Law 217-FZ, which will regulate the use of land for "Vegetable gardening." This law will not only strengthen Federal Law-66’s current regulations, but it will also completely prohibit building on such plots.

The only option available to us legally in this case is to modify the site’s VRI to permit the construction of individual dwelling units.

Justification for residential buildings built on garden lands is another common scenario where it becomes necessary to transfer land from gardening to individual housing construction.

Peculiarities

Garden plots can be used for both private and public purposes. Every choice for land use has unique qualities.

The arrangement of garden plots on a given type of land modifies the type of permitted use, which in turn modifies the administrative procedure sequence:

• Garden lands as part of settlements – an application to change the VRI is sent to the relevant executive authority.
• Vegetable gardens on agricultural land – a change in the category of land is carried out with the simultaneous assignment of the desired VRI to the plot. The petition is sent to the local administration, then, after assessing the feasibility of the upcoming procedure, it is forwarded to the body of the subject of the Federation responsible for the provision of public services.

Obtaining the consent of all property owners is required when using the site in a collective manner.

Land used for gardening to be developed for individual homes requires a defined process and an awareness of related expenses. This article walks you through the process of turning your garden plot into a place where you can build a house. We break down each step in simple terms, from navigating zoning laws and obtaining required permits to assessing infrastructure requirements and calculating financial expenses. By the end, you’ll have a useful overview of what to anticipate and effective methods for handling the process, ensuring a seamless and economical transition from gardening to home construction.

Procedure

Let us examine a common scenario of modifying the VRI plot for "Vegetable gardening," which is situated on settlement lands.

Those who possess the land by right of ownership have the option to apply for a change in the VRI.

It is advised that you first take steps to verify your rights in the event that the plot owner lacks documentation attesting to the legality of the plot’s ownership.

In order to modify the types of land uses that are permitted by the settlement administration, the applicant submits an application to the commission (or a comparable advisory body) along with a set of supporting documentation.

It must be stated in the statement:

• person who owns the land,
• cadastral number of the allotment,
• category and available VRI of land,
• desired type of use.

The application is supported by the following documents:

• extract from the Unified State Register of Real Estate;
• photocopy of the land owner"s passport;
• planning and cartographic material;
• for commercial structures – extract from the Unified State Register of Legal Entities (USRLE).

You must include the approval of the plot owner with your application if it is filed on behalf of the site tenant or another individual utilizing the land but not the owner.

A third party can also submit an application on the landowner’s behalf. In this situation, a bearer power of attorney is required.

The settlement administration has the authority to enact rules requiring document copies to be notarized. Indicate the process for submitting documentation while the application is still being formed.

Either the VRI of garden land is changed or the event is canceled within thirty days.

Information in the Land Cadastre may change based on the authority’s decision to grant the applicant’s request.

Possibility of change for plots on agricultural land

Garden plot placement close to populated areas is the only requirement that allows land classified as "Agricultural purpose" to be reclassified as "Settlement lands."

Only in this instance, if the process is deemed suitable, is it feasible to alter the settlement’s borders and incorporate nearby garden lands into its composition.

If your site’s location meets the aforementioned requirements, it makes sense to submit an application to the local government body to modify the site’s VRI and land category in order to determine whether the initiated procedure is feasible.

The application and accompanying paperwork are sent to the regional government administration for a final decision if the local authorities approve the application.

Without accounting for the time needed to inform the applicant of the outcome, the entire process in this instance could take up to two months.

Part of collective property

You have the authority to start a change in the plot’s TRI if you are the landowner of a portion of a shared plot owned by a vegetable garden partnership.

It is important to remember that in this case, the partners’ entire plot—not just your portion—will need to have its allowed use of land altered.

Here, the suggested course of action is:

• Submitting the issue of changing the permitted use of land to the general meeting of the partnership participants.
• If you receive support from the majority of the team for the issue under consideration, measure your plot and put it on the cadastral register.
• To the package of documents sent to the local administration, attach a copy of the signed minutes of the meeting confirming the consent of the co-owners of the land, as well as documents certifying your membership in the partnership.

The article How to transfer a plot from SNT to individual housing construction has more information about the characteristics of transferring lands that are in collective use.

Price

The administrative process is free of charge when converting a garden plot’s permitted use to individual housing construction.

Simultaneously, there is a fee for the preparation of certain documents that are part of those needed by the organization certified to handle the process.

Extra processes and their expenses:

• Registration of cadastral extracts – up to 750 rubles. — for citizens, up to 2200 rubles.- for representatives of enterprises and individual entrepreneurs.
• Measurement of a plot with registration in Rosreestr – from 7,000 rubles. Prices vary depending on the region of work.
• Registration of changes in the State Cadastre – up to 350 rubles. — for citizens, up to 1000 rubles. for commercial structures depending on the form of information provision.

The process will go more smoothly with the assistance of a lawyer.

The expert will make sure that documents are legally examined and that they are submitted on time to the appropriate authority for review. Services could cost between 20,000 and 50,000 rubles more.

Reasons for refusal

According to the law, a VRI "Individual Housing Construction" may refuse to grant a request to assign a vegetable plot for the following reasons:

• The application was submitted by a person who does not have the legal right to do so.
• An incomplete package of documents has been submitted or the information in them contradicts each other.
• The requested category of land for the allotment does not correspond to the categories provided for by the general plan of the territory.
• The site is located in a specially protected zone, and changing its status is prohibited by federal law.

It is advised to rectify the points mentioned in the decision to reject and resubmit the application if that is feasible.

If the VRI of a garden allotment cannot be changed to accommodate individual housing construction, you may be able to discuss conditionally permitted and auxiliary types for your allotment.

This may be a way out of the situation if a site can be assigned a VRI "Gardening" based on Rosreestr data:

• There will be an opportunity to build a country house.
• You can register it and obtain a residence permit.

Useful video

If you haven’t already, take a look at this entertaining video that explains how to promptly and correctly register a piece of land that you plan to use for gardening as your own.

There are a few important procedures and factors to take into account when transferring land from gardening to individual home construction. It’s important to first ascertain whether the land in question qualifies for this kind of transfer in accordance with local planning and zoning laws. To find out the precise guidelines and processes, one usually needs to contact the municipal or local government offices.

Making the required paperwork is the next step after eligibility has been verified. This typically entails submitting an application form and a number of supporting documents, including land surveys, ownership documentation, and any necessary approvals or permits. To prevent delays or rejections, it is crucial to make sure all paperwork is completed accurately and in compliance with local regulations.

The price of transferring land can vary based on a number of variables, including survey fees, administrative charges, and any local government taxes or levies. It’s a good idea to plan ahead and include these costs in the total cost of the project. Speaking with a legal or real estate expert can also shed light on any potential hidden charges or expenses.

It is crucial to keep open lines of communication with all pertinent authorities and stakeholders during the process. This guarantees that all requirements are satisfied on time and helps to streamline the transfer process. A more seamless transition from gardening land to a designated area for housing construction can be achieved by promptly responding to questions or requests for more information.

In conclusion, careful planning and adherence to local regulations can simplify the process of transferring land from gardening to individual housing construction, even though it involves navigating through administrative procedures and potential costs. People may effectively transition their land and start their home building projects by being aware of the procedures, obtaining the required paperwork, planning ahead, and keeping lines of communication open.

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