Transfer of land to private household plots

Plots for personal subsidiary plots can be located both within populated areas and on agricultural lands .
Also, they are divided into 2 categories - field and homestead.

For both the first and second categories of plots, the procedure for transferring land to the category “Individual housing construction” may be useful.

Types of land plots

Land plots of private household plots related to settlement lands are called household plots. On such plots it is allowed to build houses and outbuildings and engage in self-employment.

Read more about personal plots in a special article.

Private household plots on agricultural land are called field plots. On field plots, agricultural activities are permitted without the possibility of erecting permanent buildings .

In what cases is it necessary to change the VRI?

The construction of residential buildings is permitted on plots of both private household plots and individual housing construction.

The main advantage of housing construction is the ability to partially offset the costs associated with housing construction.

For this purpose, there is a property tax deduction mechanism that allows you to reduce the amount of income subject to personal income tax.

Here are a few more reasons that may serve as grounds for changing the type of permitted use of the plot:

Individual housing construction of land is primarily connected to the networks of utility and engineering infrastructure, and this “plus” often motivates developers to resort to changing the VRI of the land plot.
The acquisition of a country plot of land with a VRI "LPH" for construction work can result in both an advantage - low financial investments at the initial stage of work, and a disadvantage - the site may not be suitable for construction purposes. In this case, the best option is to transfer from private household plots to individual housing construction.
The desire to sell a plot and get a good price for it may be a reason to change the permitted use of the land.
The implementation of a certificate for maternity capital may also require a change in the permitted use of land. Not all regions of the country allow the construction of houses with “mother’s” money on private household plots.
Using land as a collateral fund is more profitable when the plot has a VRI “Individual Housing Construction”.

Stage No. 2 - Request a certificate/extract from the ISOGD

To prove that the zone of the site provides for individual housing construction as the main or conditionally permitted type of use, you need to obtain an official document about this - a certificate/extract from the information system for supporting urban planning activities (ISOGD). It will be needed in any case.

This certificate must be obtained from the local administration in the architecture department. If the site is in a village, then it is in the village administration. If within the city, then in the Department/Committee of Urban Planning. In some cities, this certificate can be obtained from the MFC (“My Documents”). I took the instructions from here.

One of the owners of the site or an authorized representative needs to contact the local administration and write an application to provide information from ISOGD. The application form is different everywhere; a sample will be provided by an administration employee.
The employee needs to give his passport and a paper extract from the Unified State Register to the site, which should indicate the coordinates of the site. How to order an extract from the Unified State Register of Real Estate for a land plot.
The employee will take the application with the extract and issue a receipt/inventory of their receipt.
After The applicant will be sent an email with details for paying the state fee. The amount of the state duty is 1000 rubles (clause 3, clause 24 of the Decree of the Government of the Russian Federation of March 13, 2020 No. 279). You can pay at any bank. The commission is approximately 50 rubles.
They may be required to pay a state fee before submitting the application. Each administration works differently. And along with the application, you must attach a check/receipt for payment.
The time frame for receiving a certificate from the ISOGD varies everywhere. If the plot is located in a village, then it must be given within 30 days - clause 2 of Art. 12 of the Federal Law on Citizens' Appeals. In practice, about 2 weeks. If the site is within the city, the local administration sets the deadline. For example, in Moscow - 5 working days, in St. Petersburg - 14 working days.
On the appointed day you can pick up a certificate/extract . It is enough to show your passport and a previously issued receipt/inventory.

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.

Read more about changing the land VRI in a separate article.

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.

Read more about changing the category of land in the article.

Issues of changing the category of land are quite complex, so it is worth considering the possibility of entrusting the procedure to a lawyer . The cost of his services depends on the complexity of each specific case and amounts to several tens of thousands of rubles.

Requirements for a site for transfer from private plots to individual housing construction

The plot must be registered in the cadastral register - clause 7 of Art. 1 of the Federal Law of July 13, 2015 No. 218-FZ.
There are detailed instructions with pictures on how to check whether a land plot is in the cadastral register.
Briefly: if the title documents for the plot (in the certificate or extract from the Unified State Register) have a cadastral number, then it is registered. If there is no cadastral number, then its conditional number or address is written in the documents. Enter the conditional number or address on the Rosreestr reference information page. If the data cannot be found, then the plot is not registered in the cadastral register. Therefore, you first need to register the site with the cadastral register. Sometimes this can be done together with a transfer to individual housing construction. This is a big topic for a separate article. I'll write it later and paste the link here.

Other articles
About the transfer of land: from individual housing construction to private household plots; From individual housing construction to “commercial real estate”; dacha/garden plot in individual housing construction

The plot must have clearly defined boundaries in cadastral registration — pp. 3 and 9 paragraph 4 art. 8 of the Federal Law of July 13, 2015 No. 218-FZ.
The website also published separate instructions on how to find out whether the boundaries of a land plot have been defined.
In short, find the site on the cadastral map of Rosreestr. Click the "magnifying glass" button on the left and enter the cadastral number of the plot. If the plot has boundaries, then it will be highlighted in yellow on the cadastral map. If the boundaries are not specified, then “Nothing found” or “No boundary coordinates” will be written. In this case, you first need to establish the boundaries of the site and only then deal with the transfer from private household plots to individual housing construction.
Read also: Order on absenteeism of an employee: sample 2021
Examples of plots
(click on the pictures to enlarge them)
Boundaries are defined
Borders are not defined
The private plot must be located in a populated area.
Each plot has its own category of land and type of permitted use (VRI). Plots of private household plots are of two categories - “land of populated areas” (located in a populated area - city or village) and “land for agricultural purposes” (outside the borders of populated areas). This is indicated in paragraph 1 of Art. 4 of the Federal Law of July 7, 2003 No. 112-FZ. But individual housing construction plots can only be of one category - “land of populated areas” (clause 1, clause 1 and clause 5, article 85 of the Land Code of the Russian Federation). Therefore, only that plot that has the category “land of settlements” can be transferred to individual housing construction.
How to find out the category of a site? Usually the category is indicated in the certificate of ownership or extract from the Unified State Register/Unified State Register. You can also enter the cadastral number of the plot into the cadastral map of Rosreestr (I provided a link to the map above). The category of the site is written in the “Information” section.
Examples of plots
(click on the pictures to enlarge them)
This can be transferred to individual housing construction
This one is not allowed
The zone in which the site is located must provide for individual housing construction as the main or conditionally permitted type of use .
The PZZ and the City/Village Zoning Map will help us find out. They are approved by the local administration. I describe all this in detail in the first stage.
It is necessary to take into account the maximum permitted area of the site when transferring - clauses 1 and 2 of Art. 11.9 Land Code of the Russian Federation.
In each city or town, the local administration itself sets the maximum size of a plot depending on its type of permitted use. For example, in the village of Sosnovka, Moscow Region, a plot of private household plots can be a maximum of 50 acres, and an individual housing construction - a maximum of 30. Therefore, in this village it will not be possible to transfer a plot of private plots with an area of 40 acres to an individual housing construction, because such a plot should have a maximum of 30 acres.
I wrote below in the first stage how to find out the minimum allowed area. This information is specified in the PZZ.
If the site has several owners, then all of them must agree to the transfer . Because they submit a general application for transfer - paragraphs. 4 paragraphs 2 art. 15 of the Federal Law on Real Estate Registration.
If the site is in the Moscow region, you will have to pay change the VRI Ministry of Property Relations. This is indicated in the Decree of the Government of the Moscow Region dated December 31, 2013 N 1190/57. In other regions, there is no charge for changing VRI.
The cost of the translation depends on the cadastral value before and after the procedure: 1) If the cadastral value has increased, then 10% * (KS2 - KS1). 2) If decreased - 10% * KS2. 3) If it has not changed - 10% * KS2.
KS1 - cadastral value of the plot BEFORE transfer, KS2 - AFTER transfer to individual housing construction. Most often, when changing private household plots to individual housing construction, the cadastral value does not change. Accordingly, the rate will be 10% of it.
To calculate everything in advance, it is worth looking at the cadastral value of neighboring plots of individual housing construction. Then calculate the cost of one hundred square meters and compare. Information on neighboring areas can be found on the public cadastral map or the Rosreestr website - instructions with pictures.
For example, our private plot of 7 acres has a cadastral value of 2.5 million rubles, i.e. It turns out 357 thousand rubles. per hundred. Next to it there is a plot of individual housing construction of 12 acres with a cadastral value of 4.28 million rubles, i.e. the same 357 thousand rubles. per hundred. This means that when our plot is transferred to individual housing construction, its cadastral value will not change. The owner will have to pay 10% * 2.5 million rubles. = 250 thousand rubles.
After the change of VRI, the owner will receive a payment notification from the local administration by mail within a year. You need to pay at the bank and provide them with a receipt/check. If you don't pay, they'll take it to court.

Other articles
Registration of land ownership - instructions, laws, cost How to buy part of the land from neighbors

What to do if you refuse

All failure cases can be divided into two categories.

The first cases are associated with a careless attitude to the preparation of the application , when during the analysis of the provided documents the following inconsistencies are revealed:

Lack of right to dispose of land.
Contradictions in documents.
Incomplete package of accompanying documentation.

Eliminating the identified discrepancies will not take much time and will give you the opportunity to resubmit your application.

The second category of cases is related to the absence in the law of the possibility of changing the purpose of use of agricultural land. The transfer of category may be refused if the field plot belongs to particularly valuable lands or the applicant does not have the opportunity to pay the difference between the old and new cadastral value of the plot.

Any refusal can be appealed in court , but the courts do not always satisfy such applications.

Another option for action in case of refusal to assign VRI “Individual Housing Construction” to a field plot is to change the purpose of use to “Summer Housekeeping” or “Gardening”.