What is individual housing construction?

Providing a plot for individual housing construction.

Issues of providing a land plot are regulated by the Land Code of the Russian Federation (hereinafter referred to as the Land Code of the Russian Federation). In accordance with paragraphs. 10 paragraph 2 art. 39.3 of the Land Code of the Russian Federation, without holding an auction, land plots are sold to citizens for individual housing construction, personal subsidiary farming within the boundaries of a populated area, gardening, dacha farming, to citizens or peasant (farm) farms for the peasant (farm) farm to carry out its activities in accordance with Article 39.18 Land Code. According to paragraph 2 of Art. 39.10 of the Land Code of the Russian Federation, land plots that are in state or municipal ownership may be provided for free use to a citizen for individual housing construction, running a personal subsidiary plot, or for a peasant (farmer) to carry out its activities in municipalities determined by the law of a constituent entity of the Russian Federation, for a period no more than six years. Article 39.18 of the Land Code of the Russian Federation establishes the specifics of providing land plots in state or municipal ownership to citizens for individual housing construction, running personal subsidiary plots within the boundaries of a populated area, gardening, dacha farming, to citizens and peasant (farmer) farms for the implementation of peasant (farm) economy of his activities. This article describes the entire procedure for providing plots for individual housing construction. Based on these standards, a land plot for individual housing construction is provided for a fee. Providing a land plot for individual housing construction free of charge is possible in the following cases:

1. Obtaining a plot of land for individual housing construction for free use (Article 39.10 of the Land Code of the Russian Federation), and then receiving this plot of land for individual housing construction for free into ownership (Article 39.5 of the Land Code of the Russian Federation);
2. Citizens with three or more children (Articles 39.5, 39.19 of the Land Code of the Russian Federation);
3. Certain categories of citizens and (or) non-profit organizations created by citizens, in cases provided for by laws (Articles 39.5, 39.19 of the Land Code of the Russian Federation);

What can be built on a site for individual housing construction?

According to the Town Planning Code of the Russian Federation, individual housing construction involves the construction of a detached residential building with no more than three floors, intended for one family. This means that residential buildings of blocked development, that is, residential buildings with no more than three floors, consisting of several blocks, the number of which does not exceed ten and each of which is intended for one family, has a common wall (common walls) without openings with a neighboring block or neighboring blocks, located on a separate plot of land and has access to public territory, do not belong to individual housing construction. Accordingly, it is impossible to build blocked houses on individual housing construction lands (this is confirmed by judicial practice). The same prohibition applies to the construction of hotels and mini-hotels on lands for individual housing construction. Thus, on land for individual housing construction it is possible to build:

• residential low-rise building
• buildings necessary on the farm (garages, sheds, bathhouse, etc.)

The choice of land for individual housing construction must be approached seriously. Choosing a plot to suit your taste and capabilities is not an easy task. If the price of such a plot is much lower than the market price, then there is a possibility that it has certain problems.

Let's consider the site selection criteria that need to be taken into account.

What does this mean for individual residential development?

Everyone knows that in Russia there are endless and often ownerless land areas. That is, of course, every scrap. November 8, 2017 It should be noted that many city residents in recent years have rushed to obtain land plots with state support.

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The purpose of legal relations is also important - the acquisition of housing for personal and family needs. As for the above-mentioned Federal Law, it has universal application, since it regulates legal relations with the participation of legal entities acting as shareholders. The listed features

Verification of information within the framework of the law

1. In relation to the site, the land surveying procedure must be completed. The designation of the legal boundaries of the site must be carried out at the expense of the selling party. Registration of the transaction must include the transfer to the new owner of a cadastral plan and a topographic survey plan on which underground communications will be indicated. 2. The best purchase option would be to complete the state registration procedure and have an official document on hand for ownership or long-term lease. If the procedure regarding the land is not completed, then you should contact the seller to resolve the issue on his part. It is also necessary to seek help from a lawyer so that problems do not arise with the further registration of the site and the legalization of buildings on it. 3. The plot should not be mortgaged or seized. A land easement should not be established in relation to a plot in which there is right-hand traffic within its boundaries. To do this, you need to order an extract from the Unified State Register. 4. Make sure that there are no tax debts for the land plot.

Allocation and operation of land plots for individual housing construction (IHC)

• Of great importance is the proximity of various infrastructure facilities such as shops, shopping centers, kindergartens, educational institutions, medical institutions, pharmacies, as well as service stations. Without such organizations, the life of a modern person becomes extremely difficult and uncomfortable. For this reason, it is important to choose a plot of land so that there is no daily need to visit shops or schools several tens of kilometers from your own built home.
• One of the most important parameters is the ability to connect various communications, as well as their list and availability. On many budget land plots there is no possibility of gas or water, and in some cases even electricity. For this reason, before purchasing land, it is important to study the possibility of connecting to the main communications and their location, because without water and electricity it will be simply impossible to live in your own home;
• You need to purchase land only from a trusted seller with a good business reputation. It is recommended to carry out such a transaction directly through the direct owner of the land or with the help of employees of a real estate agency. Also, to increase the security of such an operation, you can hire a lawyer who deals with real estate issues, which will help minimize the possibility of various problems arising at all stages of registration. You need to understand that if there is any incorrect data, the process of registering property rights can be seriously delayed, or even even turn into litigation.

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Most people who at one time wanted to purchase a plot of land to start building a residential building, a country house, or engage in agriculture, were faced with such a concept as the category of land. It is extremely important before purchasing a plot to determine its category, which must correspond to the buyer’s plans.

Water supply of the site

Suitable for this purpose: central water supply, spring, artesian well. In order to become the happy owner of your own individual artesian well, you will have to invest a lot of effort, time and money, since drilling a well is a complex and costly operation. It is better to choose an area within which there is a common source of water supply. If, after all, you really liked the land itself, but there is no central water supply, then interview the people who are the owners located near the plots. In particular, you will need to know all the intricacies of drilling a well on a given soil, as well as the depth of the aquifer, and the qualitative characteristics of local groundwater.

Soil condition

Important information is the composition and quality of the soil. It is worth considering if the price of the plot is much lower than the market price. The problem may just be the condition of the soil. This information can be obtained by examining the soil. In the future, these studies will be useful when designing a house and determining the preferred type of foundation.

In some cases, the quality of the soil is so unsatisfactory that it sometimes has to be replaced. It is also necessary to make adjustments to the project to suit the conditions of the selected site. After all, it is not always possible to select a site that will be suitable for construction in all respects. To solve the problem, you should contact an architectural company. An important point is the groundwater level, which you can check yourself using a hand drill. If the process of water accumulation begins in a shallow well after an hour, the area will need to be equipped with a drainage system. Find out from your neighbors how water drains from the site in case of floods or heavy rains. To build a cellar, it is necessary that water does not linger on the site.

Individual housing construction plot - what does individual housing construction mean?

More than one category of land is known. Among those that are especially significant for the population, this particular one is singled out, since land is provided for individual housing construction, where it is possible to build a private residential building. Let us consider the differences between such an allotment and some other categories of land.

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We have analyzed how they will be deciphered and what these or those categories of plots will mean. Now, based on the information presented above, you can trace the pros and cons of plots intended for individual housing construction. Among the advantages are the following:

Electricity supply

Find out from your neighbors how far away the power plant is from the property. Ask your local administration for information on how many kilowatts of electricity are allocated to each individual plot, building, or cottage. If we take engineering calculations, then the electricity consumption in a house with an area of ​​200 to 300 square meters is 20-30 kW. Legislation allows for the allocation of no more than 10 kW per house. If large powers are required, then it will be necessary to create either your own substation, or arrange alternative energy sources within the site for the uninterrupted and independent use of electrical appliances. Sufficient power allows you to create an electric heating system.

Land for dacha farming, what does this mean?

However, Article 39.18 only describes the procedure for filing documents. But it clearly establishes that the authority must refuse to provide a person with a plot of land for a summer cottage if such a possibility is not specified in the law. If we mean a person who has nothing at the time the law comes into force and is not a member of a dacha non-profit association, then there is no such possibility.

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For example, summer residents need a house for their intended purposes; harvested crops or tools can be stored in a hangar. Therefore, regardless of the further purpose of the land plot, summer cottage construction and the construction of outbuildings on a garden plot are permissible. This will be a permitted construction on a legal basis.

Transport options

Assessing transport accessibility is also of great importance. A big plus will be the availability of convenient access to the site, and also, if it is located outside the city, then there should be a good road to get into the city. Consider in your mind what the access to your site will be like in any season of the year, for example, in autumn or spring, when the roads turn into impassable mud due to heavy rains and melting snow, as well as in winter during snowfalls. If you begin construction on a site, it is necessary that heavy construction equipment be able to reach your land. During construction work, KAMAZ trucks, concrete mixers and other special equipment are used. Therefore, their free access to the site is necessary.

Plot size and convenient zoning

It is necessary to take into account that there are certain proportions that should be taken into account when building a house - these are the area of ​​the plot and the area of ​​the building. It is recommended to maintain a proportion of 1 to 10, namely, for 10 square meters you will need 1 hundred square meters. For example, if you decide to build a building with an area of ​​200 square meters, then it would be ideal to purchase a plot of 20 acres. Already during the design process, it is necessary to carry out zoning within the site. As a rule, they designate a recreation area, an area where outbuildings will be located. Places are allocated for the location of a well, sewer systems, and a garage. The main rule is that the site must be convenient in shape and designed for construction work. In this case, it is desirable that the height difference on it is not critical.

Differences and advantages of land in settlements and individual housing construction

Individual housing construction (IHC) is one of the types of permitted use of settlement lands. The construction of buildings intended for the residence of citizens is permitted on sites within residential zones (clause 5 of Article 85 of the Land Code of the Russian Federation). The construction of such facilities is carried out in accordance with accepted designs and is subject to SNiP.

On lands for individual housing construction, it is permitted to build a house whose height above the ground does not exceed three floors for members of the same family to live in. The use of the property as a hotel, hostel or similar public needs is unacceptable. In the area adjacent to the house, cultivation of cultivated plants for personal use is provided. Surplus products can be sold privately, but the controlling government agencies will not allow the organization of greenhouse farming on a personal plot.

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Environmental issues

If the moment of maximum safety in environmental terms is important to you, then it is necessary to examine the area within which you plan to purchase land for construction. There should be no industrial enterprises, landfills, or highways nearby. You can ask representatives of the local administration how the area will be developed in the future.

Important factors:

• scenic view;
• convenient access;
• presence of neighboring buildings;
• free choice when locating buildings and choosing their height;
• sufficient illumination of the site, permission to cut down trees;
• soil quality suitable for farming;
• telephone communication, internet;
• solid household waste is removed from the locality;
• municipal road maintenance;
• accessibility of medical care, presence of retail outlets, kindergartens, schools and other infrastructure;
• it is possible to insure the house;
• there is no crime.

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