Why are plots of private household plots needed, their sizes and differences from individual housing construction?
Content
A private household plot is an allotment provided to subjects for the production and processing of agricultural products. With this method of farming, agricultural products are produced for the personal consumption of land owners and their families. In the presented material we will consider the grounds and principles of allocating land for personal subsidiary plots.
What is a private plot?
Law No. 112-FZ regulates the rules by which the allocation of lands from the municipal fund for the management of personal subsidiary plots occurs. Plots of private household plots are characterized by a strict purpose; only personal agricultural production can be carried out on them, which does not fall under the characteristics of the activities of entrepreneurs.
In Art. 4 of Law No. 112-FZ specifies two possible options for allocating plots for private household plots:
- personal plot - located within the city limits (within the officially established boundaries of the locality);
- field site - territories for private household plots located outside the city limits.
The key difference between these plots is not only their location, but also the possibility of constructing a number of buildings on the plots within the city. The composition of possible objects is listed in Art. 4 of Law No. 122-FZ:
- individual housing construction object - private house;
- structures intended for production purposes;
- domestic buildings;
- other types of buildings and structures corresponding to the intended purpose of private household plots.
If land is allocated for private plots outside a city or town, the construction of any objects on it is prohibited; only cultivation or production of agricultural products is allowed there.
Legislative regulation
The basic rules and procedure for allocating land for vegetable gardening are contained in the norms of Federal Law No. 122-FZ. Article 4 of this regulatory legal act is devoted to determining the legal status of land for private plots.
The procedure for registering rights to land for private plots is established by the Land Code of the Russian Federation; they can arise in the following ways:
- administrative document of a government agency or official to whom plots are allocated for auxiliary needs;
- a purchase and sale agreement under which ownership rights are acquired on a reimbursable basis;
- lease of a plot for private household plots, which is issued for a regulated period and provides for the payment of regular rental payments.
These grounds are stated in Art. 39.1 of the Land Code of the Russian Federation, and the possibility of preparing documents for a land plot is established by special rules of Art. 39.18 Land Code of the Russian Federation.
The right to use land arises only after registration, at the same time the subjects have a legal basis for running private household plots. Authorities lease municipal or personal lands for private plots strictly within the established standards, which is 0.5 hectares. At the same time, regional legislation may increase this size, but should not exceed 2.5 hectares.
If a plot of land is purchased or leased, citizens and members of their families have to bear significant costs associated with purchasing the plot based on the results of bidding (auctions) or making rental payments.
Features of these plots
The exploitation of such plots is characterized by features directly related to the intended nature of the land, subject composition and permitted types of use:
- the size of a private plot of land cannot exceed federal or regional standards (standard plot sizes are 0.5 hectares or an increased regional standard of no more than 2.5 hectares), otherwise it will be considered a means of conducting business;
- the allocation of land in a village for private household plots is carried out next to a residential building, while a significant part of the allotment may be located outside the boundaries of the settlement;
- the plot may be located far from home if the private plot is seasonal (for example, for urban residents, a country plot is used only in the summer);
- the allotment provided for private household plots can only belong to the category of agricultural land, its change is not allowed;
- there is no public land on the private plot, which distinguishes it from similar territories of partnerships and associations of gardeners;
- if citizens have registered ownership of their own plot, they may additionally be allocated small land next to a residential building for auxiliary purposes, which does not fall under the definition of private household plots;
- rights of use accrue after registration of the site with the Rosreestr authorities.
If citizens begin to use the land of private household plots for entrepreneurial purposes (they built a processing plant for the commercial sale of agricultural products, etc.), by order of the authorities, the plots can be withdrawn from lease or permanent use ahead of schedule.
Differences between private plots and individual housing construction
To find out how a plot of private plots differs from private housing construction, we recommend watching the video below. The young man is a real estate agency specialist who will tell you the distinctive features between these two categories of land.
Permitted use
The right to use land for private plots must exactly correspond to its permitted use. The category of land for agricultural needs is fixed based on the results of cadastral work and approval of boundary and urban planning documents of municipalities. Transfer of land from one category to another is allowed only in exceptional cases provided for in the Land Code of the Russian Federation.
Permitted use differs significantly for household plots and field plots:
- for plots in populated areas, the construction of a residential building and other related buildings is permitted by the type of permitted use;
- The legal regime of field plots does not allow the construction of any structures; only agricultural production can be carried out on them.
The responsibility to comply with these types of exploitation rests with the owners of the plots. If the owner of a plot allocated for private plots uses it for other purposes and violates the legal regime, this is grounds for prosecution, including the application of sanctions.
Construction
Construction on private household plots is allowed only on personal plots; this rule is regulated in Article 4 of Federal Law No. 112-FZ. In this case, urban planning regulations and standards approved at the federal or regional level must be observed.
To build a private residential building on a personal plot, it is not necessary to obtain a building permit from local authorities. After completion of construction, the house is put into operation in a simplified manner; an interdepartmental commission is not created. Until 2017, registration of rights to such objects was carried out only on the basis of a declaration for the object, which was drawn up by the owner himself.
According to the rules of Federal Law No. 218-FZ, until March 2018, the simplified procedure for registering rights to residential buildings remains, however, instead of a declaration, you must submit a technical plan of the house. From March 2018, registration of rights to residential real estate will be carried out only with full compliance with the cadastral registration procedure.
Permissible dimensions of private plots
The legislation establishes the maximum size of a plot of land in the category of private household plots. The federal standard is 0.5 hectares for each specific farm. The authorities of the constituent entities of the Russian Federation can set local standards for the size of private household plots, which should not exceed the federal norm by more than five times, i.e., should be no more than 2.5 hectares.
Rent a plot
Agricultural land is leased to private individuals only for personal farming. If citizens apply for a plot for business purposes with the aim of making a profit, the procedure for registering land rights will be significantly different.
To allocate land on a leasehold basis, you must comply with the rules of Art. 39.18 Land Code of the Russian Federation. The procedure for registering land for lease consists of completing the following formalities:
- an application for the provision of land for private plots and preliminary approval of such a decision is sent to the local government authority;
- the application is subject to consideration within a period not exceeding 30 days from the date of application;
- if a decision is made on preliminary approval of the citizens’ application, a notice is published on the official portal of the administration, as well as in the printed publication specified in local regulations;
- If 30 days after the publication of the notice no appeal is received from other citizens applying for the specified allotment, a lease agreement is drawn up.
If, after filing a notice, other applicants for receiving territories for private household plots are identified, the authorities are obliged to hold an auction for the right to conclude a lease.
The lease agreement specifies the rights and obligations of citizens to conduct agricultural farming, including all requirements for compliance with the type of intended use - cultivation exclusively for personal consumption. A tenant of land in a populated area can build a residential building on the site only in compliance with zoning standards approved in the territory of this municipality.
To privatize land for private household plots, it must be owned for five years. At the same time, the type of intended use must be strictly observed for five years. The right to re-register land as a property is exercised by contacting local authorities, and the new owner will be required to continue to comply with restrictions on the intended use of the land.
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