Land and freedom: that we can build on your land?

Olga Chernykh Buying land has traditionally been considered an excellent value for money. But the bare ground is not pleasing to the eye: just want to plant a tree, build a house ... or even a small tobacco plant. But has the right to the land owner to place on his land whatever he wants? Or are there any restrictions on the law? First of all, we need to understand the status of the land. There are plots of land designated for private farming (LPH). And there are those that are specifically allocated for individual housing construction (IZHS). If you are the owner of the land for smallholders, is guaranteed to use its land for agricultural production, in other words - to break it garden-garden. In turn, areas with the status of smallholders are divided into two categories: the land within the boundaries of the settlements (homestead land, land category - "land settlements" in the recent past - the "settlement lands"). And the land below the settlements (field plot). In the first case, you have the right to build on the lot of an apartment house, industrial, residential and other buildings, structures, subject to town planning regulations, building, environmental, sanitary, fire safety rules and regulations. But there is nuance: in a house will not be able to register. Residence permit can be issued only in a house built on the site with the status of private habitation. In case if your site with the status of smallholders live below the settlements, the house or other structure, such as a bath, you build on it by law can not. Other, no less important difference is the rate of land tax: a tax on land granted for ancillary services, several times less than the tax on land for private habitation. The final important difference plots IZHS and LPH is an isolated house in the first case. That is, real estate owners in horticulture depends on the entire gardening association as a whole, on the conditions, rules, decisions made at a general meeting, even if he had not joined the horticulture industry. The owner of the individual house makes all the decisions yourself. So, to build on the land meant for smallholders, house and moved into it from the city legally, you must change the purpose of the site. Transfer of agricultural lands into other categories governed by the Land Code (Art. 79) and the Federal Law of 21 December 2004 № 172-FZ "On the transfer of land or land plots from one category to another" (verse 7). Depending on the area of ??the array and the nature of land the decision to change the target destination is taken either by the head of district administration, a regional governor. For filing of the application is necessary to collect a large set of documents: documents describing the location of the land, its value, the rationale for the transfer of land, the conclusion of various state institutions. In addition, you must pay back taxes to the State for the withdrawal of land from agricultural and resource shortfall in the state of production from this array. The transfer of land from smallholders in IZHS lasts an average of 6 to 12 months. But suppose that someone wants to open on its land, industrial production - what then? Necessary again to change the intended purpose, and it all depends on the quality and value of land. According to the Land Cadastre of the Russian Federation allocated agricultural land, unsuitable for agricultural production, agricultural lands, with the inventory estimate srednerayonnogo lower level agricultural land with the land assessment exceeds srednerayonny level, and especially valuable productive agricultural land. The first option we do not take into account, since it is unlikely that you have in your property will be land, unsuitable for agriculture. If your site belongs to the latter two categories, then change its purpose and to build a industrial site you probably will not give. But if he falls into the category of agricultural land, the cadastral value at over 30 percent less inventory cost srednerayonnogo level, you have every chance to change its designated purpose. Because on such lands is quite possible the construction of industrial facilities and infrastructures (roads, pipelines, etc.) under condition of these facilities along the borders of fields, crop rotations. As for those who circumvent the law still has built any facilities on the land for these purposes are not designed for them until 2010, the only solution is the so-called "dacha amnesty" (as in force since September 2006 Law № 93-FZ "On Amendments to Certain Legislative Acts of the Russian Federation on a simplified procedure of registration of citizens' rights on individual objects of immovable property").