All land in Russia, according to Art.7 Land Code (HCC), the Russian Federation is divided into categories:
1) of agricultural land;
2) settlement land;
3) land for industry and other special purposes;
4) land of specially protected territories and objects;
5) forest lands;
6) lands of the water fund;
7) reserve lands.
This list is exhaustive.
Land Code provided for each category is divided by certain types of permitted use.For example, land settlement can be designed to:
- individual housing construction;
- low-rise residential buildings;
- multi-storey housing construction;
- construction of a multifunctional retail and office centers.
Agricultural land values by type of permitted use divided into:
- used for agricultural production (usually indicates a particular type of agricultural activity: the arable land, livestock, perennial plantings);
- intended for gardening, horticulture;
- under the country house construction.
Unlike land categories, the list of permitted uses is not exhaustive.What exactly can be built on the lands of settlements, determined by the municipal authorities.Changes for the permitted use, drawn up amendments to the Federal Land Cadastre, the owner or other legal owner is issued a certificate of title to land with an indication of the permitted use.
use land for other purposes is prohibited.On the ground, settlements, intended for individual housing construction, it is impossible to build a multi-storey residential buildings, and vice versa.On agricultural land intended for agriculture, without changing the permitted type of use can not be built livestock farms or summer.
Agricultural land can be used by citizens, including farmers, for gardening, private farming, and so on. N. In this case, n. 2, Art.7 of the Land Code states that the type of permitted use of land selected the copyright yourself, except for the most valuable agricultural land, the owners of which can not do anything other than agricultural production.
Under the land, according to Art.77 and 79 of the Land Code, refers to arable land, hayfields, pastures, fallow lands, lands occupied by permanent crops (orchards, vineyards, etc. Etc.).Especially valuable land are determined by normative acts of the subjects of the federation.In the Moscow region in accordance with the Law of 12.06.2004 # 75 / 2004-037 "On circulation of agricultural land in the Moscow region" (p. 4 Art. 5) particularly valuable productive agricultural land includes farmland, the cadastral value of which exceedsdistrict average rate of more than 10%;farmland pilot production units research organizations, specialized universities and colleges, state variety testing stations and state strain-testing stations, as well as artificially irrigated agricultural land and drained land with fixed irrigation and drainage system closed.Regional law prohibits the use of valuable farmland for non-agricultural purposes, as well as for cottage construction.
What happens if you break the conditions of land use?If you contact the local authorities for a permit to build, although the nature of this new unit does not match the type of permitted use of land, such permission will not let you.If you start to build yourself, then you will be punished for unauthorized construction.According to para. 2, Art.222 of the Civil Code, a person who carries out unauthorized construction, does not acquire the right of ownership.Inspector of Territorial Administration Rosnedvizhimost impose on you a fine for unauthorized construction, and materials testing will give to the district prosecutor's office to prepare a lawsuit to demolish illegal buildings.In addition, inspectors found violations may Territorial Rospotrebnadzor (formerly sanepidsluzhby), inspectors Department for Environmental Surveillance Rosprirodnadzor, and employees of the department of environmental protection of district local governments.
How to build a cottage
Everything you learned in the previous part of this article, it is necessary to firmly grasp: it is not necessary to acquire land, which are not listed among the types of permitted use of individual housing construction (for the category of "Earth of settlements") or country construction (Category "Agricultural land").Sometimes, however, the developer has not yet completed the design of a new type of permitted use, so he offers to enter into a so-called preliminary agreement on the grounds that at the time of registration rights to the land he already transfer the land to the desired category.If the cottage selling plots without a contract for the construction, the developer usually assures that the beginning of a new construction season he'll be ready.But the problem is that the transfer of land is not enough: it is important to obtain a building permit.The full cycle of changes permitted use may take the form of four - six months.Therefore it is necessary to know the algorithm changes the type of use permitted under the country house construction, so that in time the developer asking a few questions, you can understand, at what stage is the paperwork.
primarily a developer must obtain matching state and municipal authorities to change the permitted use, including to receive a positive opinion of the state ecological expertise.After receiving the approvals he submits an application to the district administration with a request to change the permitted use.Head of the district produces a resolution on the appointment of the commission for conducting public hearings on the feasibility of the construction of cottages on the land.Alert residents about the time and place of the public hearing via the local newspaper.Land owners have common borders with the future cottage settlement, the commission shall be notified by mail of the district administration.After the public hearings, which are reflected in the minutes of all the comments and suggestions received, the Commission shall prepare a report on the results of the public hearing, which is published in the local newspaper.At the same time chairman of the committee directs the head of the district administration based on the conclusion of the results of public hearings recommendations on changing the permitted use.It is important to note that, whatever objections to the transfer of land for villas at a public hearing nor put forward whatever recommendations the commission nor generates, head of the district administration decides on their own.However, if it is to any of the interested parties do not like it, he has the right to appeal.In this case, the procedure may be suspended, t. E. Registration of a new type of permitted use will be frozen for an indefinite period, and hence, to get permission to build a house, neither you nor the developer can not.The preparation, execution and registration of the results of public hearings usually take 1-1.5 months.Within three days of receiving the recommendations of the commission head of the district produces a resolution on changing the permitted use, which is also to be published in a local newspaper.Resolution of the head area provides the basis for entry into the Unified State Register of land change in relation to the permitted use of the land, obtaining cadastral plan with a new kind of permitted use.In drawing up these documents leaves Rosnedvizhimost month, after which you must register the changes in the Unified State Register of rights to immovable property and transactions with him, to receive a new certificate with a new type of permitted use, which takes a month.However, the latter two procedures - is a formality.If the developer can present to you the decision of the district administration to change the type of permitted use of the land, that's good.
What gives the status of agricultural land with the permitted type of use "country construction"?Under federal law "On the horticultural, gardening and dacha non-profit associations of citizens", at this site allowed the construction of a residential building without the right to register and stay in it or apartment building to the right of residence and registration.Of course, for the majority of cottage settlements issue registration is not necessary, because most of them have an apartment in the city.However, even a theoretical possibility of a residence permit in the country gives its owners the confidence and increases the market value of the object suburban real estate.However, the status of the problem (an apartment house on the land allocated under the country house construction) is not sufficient for a full life outside the city.Inclusion of land in the cottage village land settlement and, accordingly, the definition of the permitted use as an individual housing allows connection of regional and municipal authorities to the problems of development of social infrastructure, including allows to build schools, kindergartens, hospitals, roads and communication systems.Therefore, if the future owner of the suburban real estate is considering as the main and city apartment - as an auxiliary housing, it would, firstly, you should consider the acquisition of land is for individual housing construction, and secondly, after the completion of the house to join it in a placeresidence, and register the family, including minor children.In addition, registered in the cottage, which is incorporated into the village, waiting for another bonus: the villagers can choose their loyal local administration of the rural district.The population of the traditional villages around the major cities, as a rule, officially consists of three or four, the remaining residents - heirs inherited from their parents homes - live in the city and use the inheritance for villas.This means that registered in the rural district residents of cottage settlements receive a significant percentage of the vote in municipal elections.Elected local authorities, new villagers can count on its support in addressing such pressing domestic problems, such as road repair, a gas pipeline or a fiber-optic cable for high-speed Internet at preferential rather than commercial rates, or by funding provided by the State Target Program for Rural Development,housing programs and so on. n.
This is one reason why the major developers for the ultimate goal of transfer of land, which are offered to buyers of homes in cottage settlements, understand the translation of land in the category of land settlements with the right of individual housing construction (for houses)and a low-rise building (for townhouses).Obtaining permission to use agricultural land for country construction serious developers considered as an intermediate step needed to begin construction.Since the fundamental differences between the dacha cottage village and cottage settlements within the boundaries of settlements in terms of architectural appearance, provide communications and internal infrastructure facilities no buyers in the suburban real estate developers cottage settlements prepared must be sure that the start of construction in a holiday village, at the end of constructionthey will get a cottage in the precincts of the village.However, because the procedure of registration of land for individual housing construction more complicated and takes an average of 9-12 months, and sometimes stretched and up to two years, developers better to start with a clearance of land for cottages.