How to transfer private household plots to individual housing construction? Simple Guide

In the Russian Federation, all owned plots are divided according to their intended purpose. Among the types of use available to citizens, individual housing construction (IHC) and personal subsidiary plots (LPH) are most often found. The question of how to transfer private household plots into individual housing construction is quite acute, since land suitable for the construction of permanent residential buildings is becoming smaller every year, especially in Moscow. Both types of land are intended for non-commercial purposes, but there are significant differences between them:

The individual housing plot is intended for housing construction, and the private household plot is intended for growing crops, raising livestock, maintaining an apiary and other agricultural needs.
Private household plot land can be located within the boundaries of the settlement and beyond. In the first case, the construction of both commercial and residential buildings on this land is permitted; in the second case, any capital construction is prohibited. Individual housing construction land is located only within the boundaries of the settlement and gives not only the right to build a residential building, but a guarantee of its connection to communications and the presence of social infrastructure near it.
The cadastral value of private household plot land is lower than that of individual housing construction land; accordingly, the land tax for private household plot land will also be lower.

The question of how to transfer private household plots into individual housing construction most often arises among citizens who want to build a residential building on a plot. Thanks to a change in the intended use of the site, it will be possible not only to build a building in which it will be possible to register, but also to obtain a bank loan for its construction and cash out maternity capital. This will not be possible with plots for private household plots.

IGOR ESENKOV, LEADING LAWYER, SMART CHOICE
We are often asked whether it is possible to transfer private household plots into private housing construction. It is not possible to answer this unequivocally, since the admissibility of the procedure depends on a number of circumstances. Before finding out how to transfer private household plots into individual housing construction, you will have to analyze the urban planning documentation. The fact is that this procedure - changing the type of permitted use - is available only in two cases: if the private plot is located within an urban settlement or if the agricultural land on which the plot is located is planned to be annexed to the city in the near future.

Is it possible to transfer private household plots to individual housing construction? We understand the features of using sites

As we mentioned above, private household plots can be located both within urban settlements and on agricultural lands. According to the classifier in force since 2015, such plots will belong to different categories and have different types of permitted use (APU) - code 1.16 (for agricultural land) and 2.2 (for urban settlements).

This division is critically important when it comes to how to transfer private household plots to individual housing construction in 2021. The situation will be easiest with areas located within the city. It is possible and even quite simple to transfer the lands of private household plots into individual housing construction, if we are simply talking about changing the type of permitted use within one category. According to the law, land owners have the right to choose the main VRI themselves. It is enough to write an application - and if there are no contradictions within the urban planning documentation, the decision will be positive.

How to transfer private household plots to individual housing construction if the plot is located outside the city? This will only be possible in one case: the urban settlement is planned to be expanded at the expense of agricultural land. The status of individual housing construction imposes obligations not only on the land owner, but also on the city administration. It is obliged to provide the lands of urban settlements with communications, infrastructure, etc. Naturally, this cannot be done for a separate plot of agricultural land. Therefore, the question of whether it is possible to transfer private household plots into individual housing construction will directly depend on how far the site is located from the city border and whether it is planned to expand the limits according to the rules of land use and development, settlement development and other documents.

IGOR ESENKOV, LEADING LAWYER, SMART CHOICE
When thinking about how to transfer a plot of land from private plots to individual housing construction, keep in mind that the intended use is not just an entry in the Unified State Register. For violation of the VRI, unauthorized construction or, on the contrary, failure to use the land for its intended purpose, fines are imposed. They can reach 10% of the cadastral value for individual entrepreneurs and 1.5% for individuals. Also, if misuse is discovered, the owner or tenant will be required to demolish illegal buildings or engage in activities for which the land is intended. If the landowner ignores the requirements, he will again be fined up to 50 thousand rubles, and subsequently the land may be confiscated. This must be taken into account before transferring private household plots to individual housing construction in 2021: you will have to comply with legal requirements and use the site for its intended purpose.

Purpose of land

Art. 4 of the Federal Law of July 7, 2003 “On Private Private Farms” provides for the division of private household plots into household plots of private household plots, which are located within populated areas and field plots located outside the populated area.

On a personal plot of private household plot, you can build a residential building, erect other buildings and structures, even without transferring the land to the category of individual housing construction. Field plots of private household plots are intended only for the production of agricultural products.

Individual housing construction plots are intended exclusively for individual housing construction and outbuildings - garages, workshops, etc.

It is prohibited to use such lands for growing agricultural products, but it is not forbidden to build a small garden or vegetable garden on them, next to a private house. On both categories of land, the construction of a private house is permitted only with a properly executed permit.

Peculiarities of land use for private household plots and individual housing construction

When finding out whether private household plot land can be transferred to individual housing construction, we recommend that you carefully read the specifics of the types of permitted use. Thus, on individual housing construction lands, it is imperative to begin construction work within three years after the assignment of a new VRI. We have collected information about the features of each type of use in the table.

individual housing construction	Private household plots within the city	Private household plots on agricultural land
Obligation to construct buildings	Yes, and you must obtain a building permit.	The construction of a residential building is permitted, but not mandatory.	The construction of permanent buildings is prohibited.
Possibility to register at	Yes.	Yes (sometimes the procedure is complicated).	No.
Carrying out communications, connecting to utility networks	The local administration is responsible for them. During construction, technical specifications for engineering infrastructure must be issued.	Connection is allowed, but, as a rule, land owners have to connect to communications themselves.	There is no possibility.
What kind of work is allowed?	Low-rise residential buildings - houses no higher than 3 floors. It is possible to grow crops and build additional buildings.	Production of agricultural products, raising farm animals, construction of a residential building no higher than three floors, placement of additional buildings.	Maintaining personal farming, production of any agricultural products. Without the right to erect permanent structures.

Before transferring land from private household plots to individual housing construction, you must clearly understand that you will have to abandon the production of agricultural products and begin construction within three years. In this case, it will be necessary to develop and approve a project, obtain a construction permit, then a commissioning permit, etc. If you find out how to change individual housing construction to private household plots, then keep in mind that you will definitely have to engage in farming activities.

Grounds for refusal

The application will not be considered if it was submitted by an inappropriate person or if incorrectly completed documents were attached to the application. Then the application must be returned within 30 days from the date of its receipt for consideration.

The reasons for refusing to consider an application must be stated in writing.

There are three grounds for refusing a transfer:

if the lands are not subject to transfer due to the actual impossibility of the procedure - they are located outside the populated area, constitute valuable agricultural land, etc.;
with a negative expert opinion;
if the intended use in the form of individual housing construction is impossible for technical reasons.

The act of refusal to transfer must be issued within two months from the date of acceptance of the application. It may be challenged in court. To do this, you will have to file an administrative claim.

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How to transfer private household plots to individual housing construction in 2021: step-by-step instructions

Private household plot land is transferred to individual housing construction in stages:

First of all, a package of documents is collected and, together with the application, submitted to the land department of the local administration.
The application and documents are accepted by an authorized person against signature. It indicates the date when the decision will be made. Typically, consideration of the issue takes no more than two months, after which the applicant receives either a written refusal or a land transfer certificate. Based on the act, Rosreestr makes changes to the documents and issues a new extract from the Unified State Register of Real Estate.

Step-by-step instruction

To change the category of a land plot from gardening to individual housing construction, you need to go through some mandatory steps.

Stage 1. Preparation of documents

The owner who decides to change the category of the plot must prepare the following set of documents:

owner's passport;
a power of attorney for the owner’s representative, certified by a notary (in case the application will be submitted not by the owner himself, but by a third party);
documents that serve as confirmation of the legality of the applicant’s rights to dispose of the site: for example, when purchasing a site, this is a purchase/sale agreement, receiving it as a gift - a deed of gift, etc.);
certificate of ownership of the land plot/cadastral passport or an extract from the Unified State Register combining these two documents with a statute of limitations of at least a month;
If there are buildings on the site, then a technical plan for them is required.

If the plot simultaneously belongs to several owners, then the consent of each of them for the translation, certified by a notary, will be required.

A similar requirement applies to plots that belong to jointly acquired property. Then it is necessary to obtain the consent of the spouse to change the category.

Stage 2. Transfer of documents

This set of documents is submitted for consideration to the local administration, which oversees the resolution of land issues. Together with it, a petition is written, which shows in detail the essence of the request (to change the category of the owner's plot to individual housing construction), indicating its address and cadastral number.

There is no state duty for the provision of this public service.

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Stage 3. Final

The administration is given two months to review the submitted set of documents.

After which she must make a decision allowing the transfer of land from gardening to individual housing construction, or an official refusal.

A negative decision may be made if the owner submits an incomplete set of documents or if false information is identified.

Also, the owner may receive a negative verdict for reasons beyond his control: for example, if the specified site does not fall into a promising project for the development of a settlement.

If the applicant’s application is positively considered, administration representatives must draw up an act on changing the category of the land plot to land in a settlement suitable for individual housing construction.

The said act must specify the grounds for changing the category, the area and cadastral number of the plot, the previous and changed category of the land. All that remains is to make changes to the category of the land plot in Rosreestr, for which you will need to write an application for making changes to the Unified State Register, attaching a passport and an act from the administration to it.

It is worth noting that not all owners decide on the long-term procedure of transferring land from gardening to individual housing construction. According to established judicial practice, municipal authorities are obliged to assign an address for a house on a garden plot and register the owners there.

What documents will be required?

Copy and original passport or details for the enterprise.
A document that could confirm the right to use the land.
A copy and original of the cadastral passport or an extract from the Unified State Register of Real Estate with the cadastral number.
Written consent of the land owner for the transfer if the application is submitted by the tenant.
Certificate with coordinates of the land plot.
Certificate of location of the land plot in the settlement.
Conclusion of the environmental assessment.

The application is submitted in the prescribed form as a petition. It indicates the number of the plot according to the cadastre, the current category of land and the one to which they want to transfer it, the grounds for transferring the land, an extract from the Unified State Register of Real Estate indicating the rights to the land.

IGOR ESENKOV, LEADING LAWYER, SMART CHOICE
The administration’s decision on whether private household plots can be transferred to individual housing construction largely depends on the correctness of the application. Land is a valuable resource, especially when it comes to fertile agricultural areas. The application must provide compelling arguments explaining why the procedure for changing the VRI or category is necessary.

Conditions for transfer and procedure

A change in the type of permitted use can occur in the following scenarios :

With a change in land category.
Simply changing the purpose of use.

As a general rule, areas in respect of which the procedure for changing the permitted use is initiated must be demarcated and registered with the Cadastral Chamber .

Persons who have a cadastral engineer certificate have the right to engage in geodetic work. The cost of services does not depend on whether you are applying to a private or public structure, and averages 5 thousand rubles .

For homestead lands

Lands falling within the boundaries of populated areas are subject to urban planning regulations .
By requesting from the land department of the local administration a copy of the PZZ of the territory within the boundaries of which the land you are interested in is located, you will receive comprehensive information about its functional zone and will be able to analyze the possibility of changing the VRI in a simplified manner.

To assign an auxiliary or conditionally permitted VRI “Individual Housing Construction” to a personal plot, it is necessary to send a declaration notifying the desire to use the plot for construction purposes to Rosreestr.

The department will require the following additional documents

PZZ territory . The plan can be sent to the department by the settlement administration as part of interdepartmental cooperation free of charge.
boundary plan .

Making changes to the State Land Cadastre submitted electronically is paid in the amount of 245 rubles. When providing information in a “paper” version, the state duty will be 350 rubles.

For the field

Assigning the type of permitted use “individual housing construction” to a field site is associated with a change in the category of allotment, and both actions are carried out simultaneously .

A petition to change the category of land is sent to the settlement administration (district administration, if we are talking about an inter-settlement territory).

If the administration that accepted the petition considers your intention to change the VRI of the land to be justified, then it forwards it to the regional executive authority to make a final decision.

The following documents are attached to the application :

A copy of your passport or other document proving your identity.
Power of attorney, if the application is not sent personally by you.
Title documents for land.
Situational plan of the allotment.
Extract from the Unified State Register of Real Estate.

Cadastral extracts are provided for a fee.

Depending on the form of application, the amount of state duty may be:

300 rub . — the service is provided electronically.
750 rub . — the extract is issued in the form of a paper document with all signatures and seals.

If the field site is located in close proximity to the boundaries of settlements, the General Plan of the settlement provides for the possibility of expanding the boundaries of the village to include nearby agricultural lands, then the application, as a rule, is granted.

How to transfer private household plots to private housing construction in 2021 and not be refused?

It is not always possible to transfer private household plots to individual housing construction. The administration usually issues a refusal in the following cases:

The application for transfer was submitted by a person who is not entitled to do so.
The submitted documents are incorrectly executed or do not comply with the legislation of the Russian Federation (submission of false documents is criminally or administratively punishable).
The translation contradicts the legislation of the Russian Federation: the land is located outside the boundaries of the settlement, and the urban planning plan does not provide for its expansion.
A negative conclusion from an environmental assessment was received, which means that a building on this land could cause harm to the environmental situation at the construction stage or during operation.
Private household plot land is classified as particularly valuable land.

Re-registration procedure

The owner or possessor of a land plot must collect title documents and contact the municipal administration at the location of the land.

There is no application form provided at the federal level. It is developed directly by local government bodies, but the content of the document should not contradict Part 3 of Art. 2 Federal Law No. 172.

The application, with all attached documents, can be submitted in person or through a legal representative. It is reviewed by local government experts.

The procedure requires an examination, which is the responsibility of Rosprirodnadzor and environmental assessment bodies at the regional level. It is carried out at the expense of the customer of the documentation.

List of required documents

To find out how to transfer a plot of land from private plots to individual housing construction, you must submit the following documents:

a copy of the passport or other document that identifies the applicant;
an extract from the Unified State Register of Individual Entrepreneurs or the Unified State Register of Legal Entities, if the initiator of the land transfer is an individual entrepreneur or organization;
conclusion of the SEE (state environmental assessment). Must be ordered and paid for in advance.

The cost and procedure for registration are determined at the regional level. Permission from the owner of the site will be required if an easement was previously established on the property. The list of documents is considered exhaustive.

Statement

It is submitted in the form of a petition. It should indicate:

cadastral number of the plot;
category of land (LPH) and individual housing construction (to which the original plot should be transferred);
convincing reason;
rights to a land plot (for this you will need to issue an extract from the Unified State Register of Real Estate).

The application must be considered within two months from the date of receipt.

Based on the results of the consideration, the authorized local government body accepts an act on the transfer of land or refuses to satisfy the request.

A sample petition for transfer of one category of land plot to another is here.

The procedure for transferring a plot of individual housing construction to private household plots

The process of changing the VRI from individual housing construction to private household plots is initiated by the land owner when submitting the appropriate application and necessary documents to the authorized unit of the local administration.

In the absence of contradictions with urban planning regulations and rules for the use of land resources in force within the boundaries of the territorial entity, the VRI of the site may be changed.

Changes in the VRI are carried out in accordance with the rules of development and land use of the municipality within which the land plot is located.

Step 1. Preparing a package of documents

The composition of the package of documents varies and depends on local legislation.

However, in all circumstances, copies of the following documents will be required:

Applicant's passport;
Cadastral passport of the land plot;
Title documents for the land and real estate located on it (subject to the presence of registered buildings and structures on the site);
Extract from the Unified State Register;
Situational plan of the land plot.

You should clarify the full list of documents in advance and prepare them in accordance with the existing requirements of local legislation.

Step 2. Submitting an application to change the VRI

Applications for the transfer of an individual housing construction plot to private household plots are written to the head of the municipality in any form. In this case, be sure to indicate the following information:

Passport details of the owner of the site;
The category of land and VRI assigned to the site (in this case, individual housing construction);
Cadastral number of the plot;
Request to change the type of use (in this case, changing individual housing construction to private household plots);
Reason for request to change VRI;
Details of title documents for land and real estate located on it (if there are such objects).

The application and documents are submitted to the municipal administration. Admission may be refused if the submitted documents or application do not comply with the requirements of local legislation.

Step 3. Wait for the changes to take effect

In most regions, the procedure in question is free, but in certain cases a fee may be charged as required by local legislation (for example, within Moscow and the Moscow region). However, the amount of payment also depends on the calculation methods established by local laws.

In addition, additional costs may be required if the land plot is not demarcated - the cost of surveying is also determined on an individual basis.

Consideration of a submitted application to change the VRI may take up to two months. The applicant is notified of the decision within two weeks from the date of adoption. The decision to change (or refuse to change) the VRI is issued to the applicant at the local administration or sent by mail. The refusal can be appealed both out of court and in court.

If the outcome is positive, the change in the VRI finally comes into force after the characteristics of the site are changed in the State Property Register (State Real Estate Cadastre) - within two months from the date of the decision on the change. Upon making the required changes, the applicant is sent a notification from the Unified State Register of Real Estate (USRN) by regular mail or email within five days.

In the absence of notification of changes to the Cadastre after the specified period, the applicant has the right to directly contact the Unified State Register of Real Estate. In this case, EGRN employees are required to make the required changes within five working days from the date of the applicant’s application.

Thus, the total duration of the process of changing the VRI can be up to six months, and in some cases exceed this period.

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Transfer certificate

The transfer act in 2021 contains the following information:

the grounds for such a decision;
a detailed description of the site;
original category and intended purpose of the site;
the category into which the land has been transformed.

The act is not limited to a specific period. It is sent to the applicant within two weeks from the date of acceptance. Changes are considered to come into force from the moment of their state registration in Rosreestr. Re-registration of title documents for the site will not be required.

Before the procedure, you should take into account that a house can also be built on the lands of private household plots, if they are located in populated areas, and transfer to individual housing construction can be costly. In a sensitive situation, it is advisable to enlist the help of a qualified lawyer in the field of land law.