Normative base

The garden plot can only be used for personal farming.
At the same time, there are many restrictions, ranging from development to the difficulty of registering on your own land. Changing the category is a regulated procedure for land plots, as a result of which they are included in the settlement.
A new entry is entered into the general plan of the area. Thanks to this, you will be able to build a solid house and other buildings on the site, as well as obtain permanent or temporary registration. The procedure itself is regulated by the following legislative acts:

• Land Code of the Russian Federation.
• Federal Law “On the transfer of lands or land plots from one category to another” dated January 5, 2005.

Since 2008, this procedure has been carried out free of charge. But it will require significant time investment from you. Despite the free procedure, sometimes responsible persons require payment to increase the value of the land. But the law does not provide for compensation for the difference in cost.

How to transfer SNT to individual housing construction in 2021: procedure, list of documents, errors

Many families dream of their own home and their own plot of land, but in megacities such an acquisition is possible mainly in SNT. Is it possible to change the status of a land plot from SNT to individual housing construction? In this article we will tell you how to transfer SNT to individual housing construction in 2021, what is the transfer algorithm and what documents are needed for this.

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Example 1. The Chesnokov spouses have owned a land plot that is part of SNT for 30 years. The land plot is registered in the name of the spouse, but the spouse applied to transfer the land plot from the SNT to the category of land plot subject to individual housing construction. This petition cannot be considered, because the spouse does not have the right to carry out this procedure.

Features of the procedure for transferring land from SNT to individual housing construction

It is represented by a change in the category of permitted use from gardening to individual housing construction. This is an official procedure that means changing an entry in the real estate register. This changes the permitted use. But not all owners can obtain permission.

It is important that the land is located in close proximity to the master plan boundary of the nearest populated area. Also, the site may be located on territory that is planned to be included in the settlement in the future.

What is the difference between individual housing construction and SNT and DNP

Territories of land with the designation DNP and SNT can only become part of agricultural plots. In accordance with changes in legislation, DNP lands may sometimes be present in settlement areas. Territories for individual housing construction must always be located in the zone of residential buildings.

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Agricultural areas should not have high taxes. After all, this makes life difficult for farmers. Real estate tax is calculated based on the cadastral value based on expert assessment. Ideally, the cadastral price estimate should coincide with the market value.

Step-by-step instructions - how to transfer land from gardening to individual housing construction

Before you begin the procedure, you need to familiarize yourself with its main stages and features.

It is regulated by Federal Law No. 172 of December 21, 2004 and includes the following sequence of actions:

Preparation of a package of documents

First of all, you must collect all the necessary documents. The list depends on who submits them.

You need to collect the following:

• Civil passport and its copy, if the documents are submitted by a citizen.
• Extract from the Unified State Register of Individual Entrepreneurs for entrepreneurs.
• Extract from the Unified State Register of Legal Entities for legal entities.
• Cadastral passport or extract of information from the state real estate cadastre.
• Certificate of ownership or extract from the Unified State Register.
• Owner's consent to change the category of use.

Submission and consideration of an application

When you have prepared all the documents, they should be submitted to the responsible person. They are provided to the local government. In addition to the documents, it is necessary to correctly draft the petition.

It should include the following information:

1. Cadastral number.
2. The current category of land.
3. The category into which you want to transfer the land.
4. Justification for changing it.

Be prepared for a long wait. It only takes at least 2 months to review the documents. The decision is communicated to the applicant no later than 14 days from the moment the decision was made. As a result, you get a decision about the possibility or impossibility of changing the category of use. If a positive decision is made, you will receive a corresponding act. If you refuse, you will be given a reason.

How to change the category of land from gardening to 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.

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.

Possible difficulties

In the process of transferring land to individual housing construction, you may encounter a number of difficulties.
They arise both at the stage of collecting a package of documents and during their consideration. To avoid additional problems, it is important to meet the following significant conditions:

• The site must be geographically suitable for inclusion in the nearest populated area.
• The cadastral value must correspond to the average level for the area.
• To guarantee, obtain the conclusion of an environmental assessment or the Ministry of Agriculture.

Note! Land cannot be transferred to the individual housing construction category if it is located far from a populated area.

As a result, in order to transfer land from SNT to individual housing construction, a foundation is required. If there is one, collect the documents and submit the application to the responsible person for consideration.

The video story will tell you about the stages of preparation and the process of changing the purpose of a land plot

Transfer of SNT to individual housing construction

• Collection of documents: applicant’s passport, extract from the cadastre, Unified State Register, consent to transfer the plot from one category to another.
• Submitting an application. The document must contain all the information about the land plot, as well as an indication of the paper according to which the right to it belongs to the applicant. The documents listed above are attached to the application. All documentation is submitted to the local administration.
• Consideration of the application. The total period for reviewing documents is 2 months.

The procedure, conditions and rights under which SNT members can use the specified property are determined at the general meeting of the partnership and are enshrined in the minutes. The property is acquired at the expense of the SNT participants , which means they have equal rights to it.

How to transfer a country house to private housing construction

Land for dacha farming is allocated from agricultural plots. Whereas plots for individual housing construction (IHC) belong to settlement lands.

In some situations, land owners are interested in changing the category from dacha to individual housing construction.

When translation is required

Each land plot in Russia is assigned a category, on the basis of which the direction of its use is determined. If this is an agricultural plot, then it can only be used for these purposes.

The main disadvantage of dacha plots is that only dachas, ancillary and outbuildings can be built on them. Although the construction of a permanent structure is possible according to legal norms, it will have the status of a country house.

According to the latest court decision of the RF Armed Forces, registration is allowed in country houses and garden houses, but this will be very difficult to do. Thus, you will need to prove the suitability of the dacha for year-round living and go through many authorities. Often, owners have to defend their case through the courts.

Whereas a house on a plot for individual housing construction is assigned a dedicated address and you can immediately proceed to registering it.

The purchase of plots for individual housing construction is more readily financed, and they can act as collateral. For the purchase of a plot of individual housing construction, you can get a tax deduction, so it is more often purchased.

Another reason for transfer is financial. Plots for individual housing construction are much more expensive than country plots. The construction on them acquires the status of a residential building, while on country houses - a country house. This means that in the event of the sale of real estate, the proceeds from the sale of the individual housing construction plot will be much higher.

Finally, the last argument for transferring a dacha plot to individual housing construction is that municipal authorities should be responsible for providing communications to the building and clearing snow.

Grounds and current legislation for changing categories

The transfer of a plot to individual housing construction must meet the requirements:

• Land Code;
• Federal Law-172 of 2004 “On the transfer of lands or land plots from one category to another”;
• Town Planning Code;
• regional regulations.

The possibility of changing the category of a plot for Russians is secured by law.

When is transfer possible?

The transfer of the status of a land plot to individual housing construction means the inclusion of a plot of land for dacha farming within the boundaries of a settlement and its inclusion in the general plan. Therefore, not every plot for DNP can be converted into individual housing construction. To do this, one of the following conditions must be met:

1. It should be located on the border of the settlement.
2. Be part of the long-term development plan for the territory.
3. The site must comply with the general plan of the settlement.
4. The location of the specified land plot in reserve.
5. The site should not be under an encumbrance in the form of a lien or lien.
6. The site may be transferred to another category based on the conclusion of the environmental assessment.
7. The cadastral value of the site should not exceed certain standards established by the municipality.

You can find out about the possibility of changing the category in the administration of the municipality in whose territory the site is located, or by contacting a law firm for help.

Documents for changing the category of land plot to individual housing construction

Changing a category requires the preparation of a certain set of documents, which includes:

• petition/application to change category;
• owner's passport;
• power of attorney to represent interests (required if the owner has turned to intermediaries for the transfer);
• documents confirming the applicant’s authority: certificate of ownership, extracts from the register;
• documents confirming the legality of the operation of the site: purchase and sale agreement, resolution on the transfer of the site for use;
• documents received from the dacha association;
• extract from the Unified State Register of Real Estate;
• documents regarding the house on the site;
• consent of other owners and spouses to the translation, certified by a notary.

List of steps for transferring from a summer cottage to individual housing construction

To transfer a summer cottage plot to individual housing construction, you need to go through a number of stages, which include:

1. Submitting a petition to the Moscow Region administration to transfer the site. It contains the cadastral number of the plot, the current and desired category of the land plot, the date and basis for the emergence of ownership rights and the reason that prompted the change in category (usually the desire to build a house for year-round use), the date and signature of the owner.
2. As a result of consideration of the application, the owner will be given consent and an act on the transfer of land from the dacha plot to individual housing construction, or such transfer will be refused, indicating the official reason for rejecting the application.
3. With the received document, you must contact Rosreestr and make changes to the information about the site contained in the Unified State Register of Real Estate.
4. After processing the submitted documents, the owner will be given an extract from the Unified State Register with the category of the individual housing construction plot. As a result of changing the category of a plot, its cadastral value must be revised.

Timing and cost

Usually, transferring a site from one category to another requires a lot of time. Average terms range from 6 months to a year. It may take up to 2-3 months for the executive authorities to consider a petition to change the category alone.

If the owner has to go to court to protect his interests, then the cost of legal support can reach 100 thousand rubles.

Thus, Russian legislation allows for the possibility of transferring from a dacha plot to individual housing construction. To do this, you need to apply to the administration of the Moscow Region and obtain permission for the translation, and then begin registering the changes in the unified register.

How to transfer SNT to individual housing construction in 2021: procedure, list of documents, errors

Many families dream of their own home and their own plot of land, but in megacities such an acquisition is possible mainly in SNT. Is it possible to change the status of a land plot from SNT to individual housing construction? In this article we will tell you how to transfer SNT to individual housing construction in 2021, what is the transfer algorithm and what documents are needed for this.

Differences in the characteristics of SNT and individual housing construction

Land plots owned by SNT (horticultural non-profit partnership) and individual housing construction (individual housing construction) have some differences:

Possibility of transferring SNT to individual housing construction

Source: https://yourait.ru/drugoe/kak-perevesti-dachnyj-dom-v-izhs.html

Is it possible to move from private household plots to individual housing construction legally?

Let's start with the fact that plots for personal subsidiary plots can be located within the boundaries of urban settlements and outside this boundary.

Outside the boundaries of the settlement, the plot is considered a field plot - it is not allowed to erect any buildings on it; accordingly, without changing the category of land use, it is not possible to legally transfer such a plot of land to individual housing construction.

Only those plots that are located within the boundaries of settlements and are called household plots can be converted into individual housing construction.

Regulatory acts

This procedure is regulated by the same Federal Law No. 172 of December 21, 2004, and is also subject to the Land and Town Planning Codes of the Russian Federation.

The status of private plots is determined by Federal Law No. 112 dated July 7, 2003. The procedure for making an entry in the Unified State Register of Real Estate about changing the category and intended use of a land plot is indicated in Federal Law No. 218 dated July 13, 2015 “On State Registration of Real Estate.”

Advantages and disadvantages

As for the advantages of private household plots, they include low land tax, the possibility of tax exemption on products produced on the plot, and no need to register an individual entrepreneur for activities on the plot.

But, since we are talking about the need to transfer to individual housing construction, these advantages do not play any role, since a plot for individual housing construction requires permission to build a residential building with the possibility of registration, communications for life by local authorities, and the possibility of registration on the plot.

On private household plots, not all construction is allowed. For example, on field plots it is completely prohibited, and in order to obtain it, you must first change the category of land to land for residential premises, which can also be associated with many difficulties.

The situation will be much easier with personal plots. In addition, the cost of an individual housing construction site is significantly higher. In general, if you really want to, you can bypass the difficulties and complete the procedure of re-registering the type of permitted use of land.

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Procedure

1. * If the plot is a field plot, then it is necessary to transfer the agricultural land to the settlement fund;
2. Collect the necessary package of documents;
3. Draw up an application in accordance with the requirements of local authorities;
4. Personally, or through a legal representative, submit an application along with documents to the authorized body;
5. Wait for the commission's decision.

Documentation

You will need to collect the following documents:

• A copy of an identity document;
• Extract from the Unified State Register of Individual Entrepreneurs or the Unified State Register of Legal Entities, if the initiator of the procedure is an individual entrepreneur;
• Conclusion of the SEE (state environmental assessment), which was carried out at your own expense in advance;
• Consent of all land rights holders

The application must include information about the following documents: cadastral number of the plot, category from which and to which it is being transferred, convincing justification and documents of the copyright holder.

Possible difficulties

Three main reasons for refusal have been established, with the exception of incomplete documentation provided and an incorrectly drawn up application.

1. Negative expert opinion;
2. The technical impossibility of the existence of individual housing construction on a land plot;
3. The lands are not subject to transfer, as they are agricultural lands.

A land plot for individual housing construction is an ideal option for providing yourself and your family with housing in your own home on a separate plot. If you own a plot of land for private plots, or SNT, and you plan to use it as an individual housing construction, then the transfer procedure will be worth the result.

Features of changing the type of permitted use

Individual housing construction is a type of permitted use of land, SNT is one of the forms of a legal entity. The plots of gardening non-profit partnerships have a VRI “Maintaining gardening” or “Maintaining a dacha farm”.

The procedure for changing the VRI of a site can go in the following directions :

• A simple change of VRI allotment for partnerships located on the lands of populated areas.
• For partnerships located on agricultural lands - a change in the category of land followed by a change in the VRI.

Here you need to take into account that the authorized government body will allow changing the category of land if the following conditions are met :

• All members (or most) of the partnership want to change the category of land.
• SNT is located in close proximity to the boundaries of the settlement's lands.
• The annexation of the SNT site to the lands of the settlement is in accordance with the settlement development plan.

Agricultural lands classified as particularly valuable are not subject to transfer to individual housing construction.

Transfer procedure

Transferring a plot from gardening to individual housing construction is a procedure for officially changing the category of a land plot, which is fixed in the real estate register.

By changing the category of the storage device, the types of its permitted operation change.

This procedure is regulated by the norms of the Land and Town Planning Codes of the Russian Federation, as well as by Law No. 172-FZ.

It is worth noting that in order to obtain the status of land for individual housing construction, the site must be located within a populated area. Therefore, not every gardening plot can be transferred to this category.

It should be located in close proximity to the border of the functional zone according to the general plan or on the territory that is planned to be included in the settlement (reserve territory) in the future.

Initiators

The procedure for changing the category of a land plot is initiated by its owners. They are guided by the fact that when changing the category of land from gardening to individual housing construction, land owners receive a number of benefits:

• such plots are more valuable; when the land receives the status of individual housing construction, its market price increases significantly, so such a plot can be sold at a higher price;
• it is allowed to register in a house on individual housing construction;
• the house will receive an official address;
• central communications will be provided to it: gas, water, electricity from the municipality’s funds;
• Municipal authorities will take responsibility for clearing the entrance to the house.

Transfer of a garden plot from SNT to individual housing construction

In order to correctly approach the choice of such a real estate property, you should keep in mind in advance that a residential building that can be built on the territory must be intended for housing only one family. In addition, it is necessary to register the rights to it within no more than three years after the land is acquired.

• Submitting a corresponding application to the local administration, indicating in the document the original and desired category of the land property;
• Attachment to the application of cadastral papers, title documents (sale and purchase agreements, deeds of gift, rent, inheritance, exchange) and other things;
• Providing written consent certified by a notary on behalf of all co-owners of the property to transfer the garden or dacha plot to another category;
• Expecting a response within a month.