Is it possible to build agricultural land on land and what is allowed?

Regulatory legal acts in the field of land use regulate various types of categories of land and permitted areas of use. The use of agricultural lands is of particular importance, since agricultural production is a priority direction of state policy.

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What happens if we build capital construction projects on agricultural land? In the presented material you can find out what is allowed to build on such lands, and how you can coordinate the construction of buildings with government agencies.

The concept of agricultural land

Agricultural plots are intended for a strictly defined purpose - various types of agricultural activities.

Such a designated purpose is fixed in the form of a category of land, which is almost impossible to change without a decision of the authorized government body.

The following basic characteristics of agricultural plots can be distinguished:

• such lands are located outside the boundaries of populated areas (agricultural production within populated areas can be carried out on plots of personal subsidiary plots and a number of other plots);
• the specified lands may be used only for types of agricultural activities expressly specified in the law;
• agricultural land is significantly limited in civil circulation;
• Violation of the targeted principle of use of agricultural land may lead to the seizure of the plot from the copyright holder and the application of penalties.

The content of permitted activities on agricultural lands is regulated in the Land Code of the Russian Federation; their composition includes various forms of crop production, livestock farming, farming, etc.

Also included in this category are certain types of plots provided for gardening, hunting grounds, etc.

Land is of particular importance for running a peasant (farm) economy; it is also allocated to citizens with certain target characteristics.

Of the entire composition of these lands and territories, farmland is allocated, which does not allow any type of construction.

This is due to the special qualitative characteristics of the soil of the land plot, which are subject to protection by the owner of the plot and the government agency.

Also, legislative norms highlight particularly valuable farmland that has increased cost, scientific or other indicators.

Legislation of the Russian Federation

If an enterprise or citizen is allocated agricultural land, is it possible to build a house or other property?

A plot of land for agricultural purposes is allocated in accordance with the norms and provisions of the Land Code of the Russian Federation, and the possibility of erecting buildings is directly related to the specific target characteristics of the plot.

In most cases, certain categories of buildings can be erected on agricultural land, but their list is limited by the norms of the Land Code of the Russian Federation.

For example, the following types of objects can be built on farmland:

• on-farm road communications;
• various types of engineering and resource supply communications;
• buildings, structures and property complexes intended for the production, storage and processing of agricultural products.

It is not permitted to erect other types of structures on farmland.

According to the rules of Art. 263 of the Civil Code of the Russian Federation , the legal owner of the land has the right to develop his plot in accordance with its intended purpose.

At the same time, for certain types of objects it will be necessary to obtain a special construction permit from the authorized department.

Is it possible to build on agricultural land?

On most agricultural land, buildings and structures can be built if the legal regime of such territory does not apply to agricultural land.

Let's consider what to build on your land plot if the intended purpose is agriculture in the title documents.

Construction is permitted on agricultural lands; during the construction of the facility, norms, rules and standards are observed in the following areas of control:

• town planning rules;
• fire safety requirements of legislation;
• environmental standards;
• sanitary and epidemiological rules;
• other building regulations.

Buildings on land provided for peasant farming may include not only facilities for agricultural production and product processing, but also recreational buildings intended for temporary or permanent farm personnel, as well as members of the farmer’s family.

Such buildings include residential buildings, bathhouses, etc., however, the following legal requirement is of key importance - the total area of ​​such buildings cannot exceed 30% of the total size of the agricultural holding of the peasant farm.

What can be built on agricultural land

Is it possible to build a separate individual house on a plot allocated for personal farming?

Federal Law No. 112-FZ regulates that agricultural land allocated for summer cottage construction can be used for the construction of the following buildings:

• a building intended for permanent or temporary residence of citizens;
• production facilities;
• domestic buildings.

Is it possible to build greenhouses and farms on these categories of land? This regulatory act does not prohibit the construction of any structures that correspond to the intended purpose of the allocated plot.

For example, the owner of a private plot will be prohibited from building an industrial facility or production facility on his territory.

Thus, on the lands of private household plots, the construction of an individual country house is permitted without the need to obtain additional approval from government services and departments.

Accordingly, if agricultural land is transferred to dacha construction, the owner will be able to legally begin construction of certain types of objects.

Is it possible to build a road

To carry out road construction on agricultural lands, it is necessary to obtain appropriate permission from authorized state or municipal authorities.

It must be taken into account that a road intended only for agricultural production can be built on farmland.

The construction of roads of federal, regional or municipal significance is possible only after the transfer of farmland to other categories of land.

Preparatory stages for the start of construction

To erect a building on any plot of land, it is necessary to comply not only with the intended purpose of the plot, but also with urban planning norms and rules.

In some cases, construction on agricultural land requires obtaining a special permit to carry out this type of work.

The said permit will be issued by the local government authority based on the following criteria:

• the intended purpose of the land (for example, the construction of a private house is possible on a plot allocated for individual housing construction or private plots);
• availability of design documentation for the facility being built with construction expertise;
• availability of agreements with specialized services and resource supply organizations.

Note! Obtaining permission for summer cottage construction or for the construction of private residential buildings is not required until March 2018; instead, a resolution of the local administration is issued. After this date, permits will be issued on a general basis.

Required package of documents

To begin construction and register rights to a building on agricultural land, the following documents will be required:

• administrative document of the authority on the allocation of land for agricultural purposes;
• permission to build on agricultural land, if such a requirement is established by law;
• a resolution on the transfer of land to another category if, according to the conditions of the intended use, construction is not permitted;
• design documentation for the facility being constructed, if such a requirement is established by law;
• boundary plan for the land;
• technical plan for the erected building or structure;
• the act of putting the facility into operation, if a construction permit was issued for its construction.

If the owner of the plot needs to build an object on his territory and he needs to go through the procedure of transferring the land to another permitted category, the corresponding resolution can only be issued by the owner of the municipal or state fund.

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