Minimum Size of Land Plot for Individual Housing Construction in 2021

Established standards

They are based on the rules for using plots and the requirements of SNiPs. To ensure that residential and commercial buildings on the territory do not pose a danger to others, they must be located at a certain distance from the borders. But for this, the site must have a certain territory.

The minimum area rate is affected by the following:

• Location area and number of plots in the settlement.
• Demand for plots in the area.
• Economic condition of the region.

Note! Exact standards are established by regional and municipal authorities. Therefore, they may differ in different regions.

In the Moscow region, standards vary between 2-8 acres depending on the area and distance from the capital. And in the Krasnodar Territory this figure is 3 acres for all districts. Therefore, you should not immediately collect a package of documents. First, find out from the administration what the rules are in the area.

Dimensions of minimum and maximum areas of plots

Land use and development rules for each territorial zone:

• town planning regulations are introduced
• the types of permitted use of sites (VRI) are established
• minimum and maximum storage areas

Limit sizes of land plots are mandatory standards for all types of plots. They apply:

• when creating plots from state and municipal lands
• when municipalities and the state provide ownership or lease of plots to individuals and legal entities: for individual housing construction
• for gardening
• for gardening
• for running personal subsidiary plots or peasant (farm) holdings
• for livestock
• for other purposes

The maximum sizes and requirements for the location of agricultural lands are presented in the federal law “On the turnover of agricultural lands” (Article 4 of Federal Law No. 101).

Failure to comply with the established size limits is grounds for refusal of state registration of the site.

When registering changes (increases) in the area of ​​a plot, the State Property Committee will pay attention to:

1. to the actual storage area
2. by the amount of excess of the area over that recorded in the documents and in the State Property Committee

In this case, the actual area should not be:

• above the maximum storage size limit
• less than minimum size

In cases where an excess occurs:

1. actual storage area above the established minimum size
2. the actual area of ​​the land plot above that recorded in the State Property Code by more than 10%

The only possible way to resolve the problem would be to buy the excess from the municipality.

Simply “cutting off” the excess will not work.

Example

A certain member of the SNT has a plot area for a dacha farm, according to title documents - 12 acres. It is recorded in the State Property Committee. The actual area, as specified during land surveying, is 15 acres.

The owner of the plot tried to formalize the addition of three extra acres (to redistribute land) and was refused by the cadastral chamber with the justification: “exceeding the maximum area of ​​the land plot.”

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Why? Let's consider the issue in detail.

An increase in area by 3 acres corresponds to a 25% increase over that indicated in the documents.

This increase cannot be explained by the error allowed in topographic measurements:

• variations of errors for garden plots - from 9 to 50 m2
• the error increases as the area of ​​the plots increases

The increase in area is well understood by the owner. He captured 3 acres while moving the borders:

1. or green spaces
2. or ditches on the site
3. or fencing

Even if we assume that:

• during the period of receiving or purchasing a plot, the established maximum minimum size of garden plots was 12 acres, the excess area exceeding the minimum limit was 25%
• no size limits were set at all

an increase in area by 25% above that established according to the documents will not allow the owner of this plot to carry out the redistribution of land. He will have to consider the possibility of purchasing the surplus land.

To the sites:

• formed upon seizure of a memory for state or municipal needs
• purchased for state or municipal needs

There are no requirements for maximum size and location.

They are required to place:

• objects of federal energy systems and objects of energy systems of regional significance
• objects of federal transport, communications, computer science and communications, as well as transport facilities, communications, computer science and communications of regional importance
• linear facilities of federal and regional significance that support the activities of natural monopolies
• electrical, gas, heat and water supply facilities of municipal importance
• highways of federal, regional or intermunicipal, local significance

The procedure for the withdrawal of plots provides for a further change in the intended purpose of the land and the establishment of urban planning regulations based on:

• approved acts on the selection of land plots for construction
• materials for preliminary approval of facility locations
• territorial planning documents
• documents on territory planning and land management materials

The minimum and maximum areas of plots must be clarified with the local administration.

You can compare, for example, the maximum plot sizes established

1. in the Municipal Municipality "Primorskoe Urban Settlement" of the Vyborg District of the Leningrad Region (here)
2. in the Municipal Municipality "Koporskoye Rural Settlement" of the Lomonosovsky District of the Leningrad Region (clause 10 of the decision of the Council of Deputies)

In the Primorsky urban settlement:

• for placing an individual house and private household plot: minimum size:
  0.05 hectares - within the boundaries of the settlement
• 0.03 hectares - outside the populated area
• maximum size:
  0.25 hectares - within the boundaries of the settlement
• 0.5 hectares - outside the populated area

In the Koporye rural settlement:

• for running private household plots: minimum size:
  0.05 hectares - within the boundaries of the settlement
• 0.03 hectares - outside the populated area
• maximum size:
  0.25 hectares - within the boundaries of the settlement
• 0.5 hectares - outside the populated area

The maximum size of the storage unit is established in accordance with the law of the Leningrad region No. 83-oz dated October 29, 2003). Differences in the maximum areas of land plots in settlements depend on:

• on the ratio of vacant and occupied lands on the territory of settlements
• on population size and density
• on the directions and prospects of land use
• on the demand for sites for one purpose or another
• from many other factors

Large families with 3 or more children are provided with free of charge.

The maximum size of land plots is set by local municipalities. Storage area will vary in different regions

Saint Petersburg

Terms of provision - large families must:

1. reside and be registered in St. Petersburg
2. be registered as needing a plot of land

A large family can use one of the options:

1. obtain a plot of land in prepared areas
2. buy land plots in any Russian region using a land certificate

The administration provides them:

1. without bidding
2. without prior approval of placement locations.

Educational institutions for large families are being formed

• from plots owned by St. Petersburg
• from plots that are federally owned (with the powers to manage them transferred to St. Petersburg)
• from plots for which state ownership is not demarcated, and which the public authorities of St. Petersburg have the right to dispose of

The maximum plot sizes are:

• minimum size - 0.12 hectares
• maximum size - 0.15 ha

Certificate "Land capital in St. Petersburg"

This document confirms the right to an additional measure of social support for large families from the budgetary funds of St. Petersburg.

The funds spent by the family on the purchase of the plot are reimbursed from the land capital in the amount of:

• cost of land, if it is equal to land capital
• land capital, if the price of land is higher

The “Land Capital” certificate is issued indefinitely and once. Citizens who are registered as needing land can receive it:

• for individual housing construction
• for own gardening

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Certificate holders can expect to receive:

• or free of charge to the property of the site
• or cash

Memory dimensions

• minimum - 0.12 ha
• maximum - 0.15 ha

Land capital in St. Petersburg:

• provided in the amount established on the date of application for additional social support
• subject to annual indexation
• not indexed after certificate provision

From 01/01/2019, the amount of land capital is set at 355,660 rubles 21 kopecks.

Citizens of the Russian Federation who have three or more children, stepsons and stepdaughters under 18 years of age have the right to receive free ownership of land plots for dacha construction:

• under guardianship
• under guardianship
• living with them

They must be registered in the register of those in need of land. All family members must have permanent registration in St. Petersburg.

Citizens who do not own land plots provided free of charge can also register.

An application for a certificate must be submitted:

• or to the administration of the district of St. Petersburg at your place of residence
• or to the St. Petersburg State Institution “Multifunctional Center for the Provision of State and Municipal Services”
• or on the government services website

Through the MFC you can do:

• registration as those in need of land plots
• obtaining a “Land Capital” certificate
• direction of land capital funds in St. Petersburg

To do this you need to provide

• documents: identification of a citizen of the Russian Federation
• confirming the presence of children in the family

Regulatory documents for establishing the minimum size of a land plot for individual housing construction

General indicators of plot sizes are regulated by the Land Code of the Russian Federation. But each region and locality has its own rules.

When it comes to free provision of plots, the sizes depend on whose ownership they are:

This is a justified approach, because in each area the land has its own advantages and disadvantages. Often only local authorities can navigate their diversity and differences.

So, if in large cities there is practically no possibility of providing plots to everyone, then in the Far East it is possible to provide large plots to almost everyone.

When setting minimum and maximum plot sizes, the following laws are used:

• Clause 1 of Article 11.9 of the Land Code of the Russian Federation.
• Part 6 of Article 30 of the Civil Code of the Russian Federation.

Dimensions of maximum plot sizes in the absence of land protection zones and city regulations

Maximum minimum and maximum maximum sizes of land plots (LM) - area standards established by the rules of land use and development for permitted types of use of plots (Article 38 of the Civil Code of the Russian Federation).

They apply

• when purchasing or renting a storage unit from the municipality
• when dividing plots
• when separating plots from common property

The maximum dimensions of the storage facility are related to the parameters of the permitted construction and reconstruction of the public housing complex:

• minimum indentations from the boundaries of the land plot, defining the places outside of which placement is prohibited:
• maximum number of floors
• maximum height of objects
• maximum percentage of development within the boundaries of the land plot:
• the ratio of the total area of ​​the site that can be built up to the entire area of ​​the land plot

The maximum dimensions of storage areas are established according to a special procedure. It is defined:

• land and urban planning legislation
• Land Use and Development Rules (LRU)

In the case where PZZs in settlements are not approved, the maximum sizes of PZZs are established by legal acts of municipal authorities or constituent entities of the Russian Federation.

Land plots whose areas do not meet the established maximum standards are not registered in the Unified State Register of Real Estate. Their development is not permitted.

The sizes of the minimum areas are regulated by the Law of St. Petersburg “On the minimum sizes of the area of ​​land plots in respect of which state cadastral registration must be carried out” (No. 405-53)

In accordance with this law, for those territories of St. Petersburg for which:

• town planning regulations
• temporary regulations for land development

have not been introduced, the minimum dimensions of the area of ​​land plots that are subject to registration with the cadastral registration authorities have been established:

1. for individual housing construction, for placing an individual residential building - 300 m2
2. for gardening - 200 m2
3. for gardening - 200 m2
4. for individual garages - 18 m2
5. for the placement of temporary objects of small retail trade, public catering and consumer services without the right to erect real estate objects - 5 m2

Under the current PZZ, each municipality determines the exact sizes of plots independently - through the adoption of regulations. Limit sizes of plots need to be clarified with the local administration

In the municipalities of the Leningrad Region, where land use and development rules (PLZ) have not been approved, the following maximum plot sizes are applied:

1. gardening plots
   minimum size - 0.05 ha
2. maximum size - 0.12 ha
3. plots for gardening:
   minimum size - 0.01 ha
4. maximum size - 0.10 ha
5. areas for livestock farming:
   minimum size - 0.01 ha
6. maximum size - 5.0 ha

1. areas for running private household plots:
   the maximum size of the total area of ​​land plots that can be simultaneously owned by citizens and other rights is 0.99 hectares
2. plots for individual housing construction within the boundaries of rural settlements of the Leningrad Region
   minimum size - 0.10 ha
3. maximum size - 0.25 ha
4. within the boundaries of urban districts and urban settlements of the Leningrad Region
   minimum size - 0.06 ha
5. maximum size - 0.25 ha

1. areas for peasant (farmer) enterprises to carry out their activities:
   maximum maximum size - 50 hectares
2. maximum minimum size - 1 ha

minimum sizes of land plots are not established for farms whose main activity is (clauses 6.1 and 6.2 of Article 12 of Federal Law No. 74-FZ):

• gardening
• vegetable growing
• floriculture
• viticulture
• seed production
• poultry farming
• beekeeping
• commercial fish farming
• other activities for the purpose of producing agricultural products

Helpful information

• Land tax for individuals from 2021 - here
• What can be built on plots for peasant (farm) farming (peasant farming) - read here
• The conditions for registering ownership of seized land can be found here
• How plots of lifelong inheritable ownership (LIP) are used - here
• How land plots in protected zones of cultural heritage sites are used and developed can be found here
• You can find out about the new VRI Classifier - 2021 here
• The characteristics of capital and non-capital (temporary) objects can be found here
• The calculation of taxes on real estate according to the new rules for 2019 can be found here
• You can find out more about the consequences of improper use of land plots here
• Simplified procedure for the construction/reconstruction of residential buildings on individual housing construction plots, private plots, as well as garden and summer cottage plots - 2021 - you can find it here
• An idea of ​​the town planning regulations and its significance for the development of land plots can be found here
• The specifics of transferring farmland to other lands can be found here
• Federal Law “On the conduct of gardening and vegetable farming by citizens”, the features of which can be found here
• The rules for demolishing unauthorized buildings under the new 2018 law can be found here
• How to determine the type of use of a site for individual housing construction, private household plots, peasant farms, dacha construction according to the VRI Classifier can be found here
• How to change the territorial zone of a site - here
• You can familiarize yourself with the various features of changing the territorial zone of a land plot here
• How to calculate personal income tax when selling real estate can be found here

Going beyond

Decisions of local authorities may provide for exceptions that are not affected by the requirements:

• previously formed objects put into operation before the new rules came into force, or on the basis of permits issued before the new rules came into force;
• areas allocated for block construction;
• plots allocated at the regional level for development to large families and other citizens registered as needing housing.

Local authorities may establish other exceptions to the rules on the minimum size of a land plot. The establishment of a time frame for the validity of new rules can be regulated differently.

In what cases should you pay attention?

The Land Code provides several options:

• section of the site;
• redistribution of the site;
• allocation of a share from common property.

Division is the cessation of the existence of the primary site and the emergence of new objects, in particular, they are assigned new cadastral numbers and are placed on cadastral registration.

Redistribution - the formation of new areas by changing the boundaries of previously existing objects. The procedure is carried out for adjacent objects.

When allocating a share, the old object is preserved, its boundaries and area are changed, and a new site is formed. Both must meet minimum land size requirements.