Agricultural land is ... Transfer of agricultural land to another category

The lands in Russia have different categories. One of the criteria for the division is targeted use of the territory. In the article we will consider the concept of agricultural land.

general information

The area of agricultural land is quite large. In this connection, they are located outside the boundaries of the territories of settlements. These territories are intended for conducting certain types of activities related to agriculture. There are the following categories of agricultural land :

1. For livestock.
2. For the organization of subsidiary farming.
3. For the production of agricultural products.
4. For gardening.
5. For the organization of farming.
6. For dacha construction.

This list is set in art. 76 ZK. If there is an agricultural land in legal possession, is it possible to build a house? In normative acts, rules are established depending on the permitted use of the allotment. To answer the question posed, it is advisable to consider the main species separately.

LPH

The agricultural land of Russia is one of the most valuable natural resources. In this connection, the procedure for the use of territories is regulated at the legislative level. For each type of sites, they establish their own special rules. The agricultural land includes the territories allocated for the private farm. Such plots are intended for conducting agricultural activities. It is worth noting that these agricultural lands are popular among the population. This is due to the relatively low cost of the plots. Along with this, there are disadvantages in such territories. In particular, construction on agricultural land allocated for private household plots is not allowed.

Dacha farms, gardens and vegetable gardens

For many agricultural land - it is primarily suburban real estate. The plots allocated to the dachas are used for growing cultivated plants, recreation. On such lands it is possible to build buildings, for permanent residence including. On the sites intended for gardening, non-profit associations of citizens are created: consumer cooperatives, partnerships, partnerships. The main purpose of their activities are agricultural work. The regulatory acts provide for certain opportunities for entities that have purchased agricultural land. What can be built on the sites? You can build capital facilities, for permanent residence including. At the same time, registration is provided for the owners in the houses. This possibility is determined by the Resolution of the CC of 14.04.2008.

Peasant farming

Several citizens who have their own property can unite it and create a society, the main activity of which will be the production and sale of agricultural products. The founder of it can be one person. If there are several citizens, then the right to own land, equipment and other common property will be shared.

Livestock raising

Another direction of agricultural land use is the cultivation and grazing of cattle. In addition, in the areas allocated for livestock activities, grass mowing is carried out to create feed stocks. Such territories include pastures and lands. Construction on agricultural land allocated for cattle-breeding activities is not allowed.

Manufacture of agricultural products

There are certain restrictions for entities that acquire agricultural land. What can be built on such sites? On allotments allocated for agricultural production, the erection of structures is permitted. They should be used exclusively for cultivation, processing, production.

Agricultural land: land law

Before purchasing the sites, you should carefully study the documentation. Often in practice, citizens acquire land for purposes that are not provided for in it. Some owners, without paying attention to it, start to carry out the planned activity. Meanwhile, the law provides for the responsibility for the use of sites not for their intended purpose. Norms allow changing the designation of agricultural land. This procedure is considered quite complex, requiring considerable time and financial costs. The transfer of agricultural land to another category is regulated by the LC and sectoral federal laws.

Land Owners

Ownership of agricultural land may belong to:

1. Citizens.
2. To legal persons.
3. RF.
4. Municipal formations.
5. Subjects of the Russian Federation.

The legislation provides for certain prohibitions. In particular, the circle of persons who can not have agricultural land is defined. It:

1. Foreigners and foreign enterprises.
2. Jurlitsa, whose authorized capital is 50% owned by foreign entities.
3. Persons who do not have citizenship.

Transfer of agricultural land to another category

The list of cases under which it is allowed is established in Art. 7 p. 1 of Federal Law No. 172. According to it, the category can be changed in connection with:

1. Conservation.
2. Creation of specially protected territories.
3. The placement of industrial facilities.
4. Construction of power lines, roads in the presence of a reclamation project.
5. By referring sites that are unsuitable for agricultural activities to water or forest funds, as well as reserve areas.
6. Realization of the terms of international agreements in the field of defense.

To conduct the procedure, it is necessary to apply to the appropriate executive body - the municipal or regional property departments or to the Government.

Documentation

To transfer land to another category, it is necessary to fill out an application specifying the type of use, cadastral number. It is also necessary to describe the reasons for starting the procedure. The application also indicates the category in which the transfer is planned. In addition, the following documents are provided:

1. Extract from the land cadastre.
2. Copies of the document proving the identity of the applicant.
3. Extract from EGRP.
4. The conclusion of state expertise, if its implementation is provided for in legislation.
5. Consent of rightholders.

End of procedure

The application together with the documentation is considered 2 months by the municipal or regional authority, 3 months by the government. The authorized structure may decide to transfer the allotment to another category or to refuse to do so. In two weeks, the act is sent to the interested entity. In case of a positive decision, a copy of it is sent to the cadastral chamber. This body makes the necessary entries. After this, the documentation is sent to the structure authorized to conduct state registration of law.

Features of the provision of sites

Relations relating to the ownership, use and disposal of allotments are regulated by Federal Law No. 101. The normative act also establishes restrictions and rules, according to which the shares in the right of ownership and the land allocated to agricultural land are traded. In Art. 10 of the said normative act it is established that the allocation of allotments belonging to the state or municipality is carried out in the manner defined in the LC. A legal person or a citizen who rents such plots and carries out their activities in accordance with their purpose, can get them into ownership or conclude a new lease agreement. The procedure for conducting transactions is established in the LC. According to Art. 80 of the Code, agricultural land is included in the redistribution fund. It is formed for:

1. The conduct of activities of peasant farmers and their expansion.
2. Redistribution of land for agricultural production.
3. Formation and expansion of private household plots.
4. Livestock, livestock, horticulture, horticulture, haymaking.

If the agricultural land is in the redistribution fund, they can be provided to legal entities and citizens. The said entities are entitled to enter into lease agreements. In addition, gratuitous and remunerative transfer of land into ownership in cases and in the manner specified in the legislation is allowed. The plots can also be leased:

1. Cossack societies.
2. To research organizations.
3. To religious associations.
4. Educational institutions of agricultural profile.
5. Citizens.
6. To the small indigenous peoples of the Russian Federation.

The redemption of plots in ownership in these cases is not allowed.

Additionally

The legislation provides for the possibility of granting plots owned by the state or the municipality and allocated to the account of the shares owned by the Ministry of Defense, the peasant farm or the agricultural organization using them, for rent or property without organizing and holding trades. This is permissible if the said subjects applied to the authorized local authority structure with the appropriate application within six months from the date of state registration of the allotment for the municipality. In this case, the price of the plot should not be more than 15%, and the rent - 0.3% of the established cadastral value.

The withdrawal

Legislation establishes a number of cases in which the compulsory alienation of land from the owner is permitted, the termination of the rights of use (urgent gratuitous), possession (inherited lifelong), lease. The rules are stipulated in ZK, FZ No. 101. A land plot of agricultural land may be forcibly seized from the owner if:

1. The use of the allotment is carried out with violations of the established requirements for the rational exploitation of the territory, if in this connection there has been a significant decrease in soil fertility or a significant deterioration in the state of the environment.
2. For three or more years in a row from the date of the emergence of ownership rights on the site, agricultural activities were not conducted or other work not related to this area was conducted.

In a three-year period, the time during which the territory could not be used due to a natural disaster or for other valid reasons is not included, as well as the period in which the development of the allotment is generally carried out. The latter, in turn, can not exceed two years. Forced alienation of land is carried out in a strictly defined order. The owner of the allotment is first notified of the violations revealed, with the requirement to eliminate them within a reasonable time. In this case, the subject may be subject to administrative punishment. In the event that, upon a second audit, it is found that the previously identified violations have not been resolved, the supervisory authority has the right to forward the relevant application to the court.

Conclusion

The purpose of classifying land into categories and species is to ensure rational and efficient use of the territories. The legislation establishes the obligations of tenants and site owners not only to conduct permissible activities on sites, but also to carry out activities aimed at maintaining them in proper condition. Work that is carried out by the subjects should not cause damage to the earth and the environment. Norms provide for administrative punishment for violation of regulations. Supervisory organizations pay special attention to the use of territories in accordance with their purpose, as specified in the title documents. If violations are detected, the guilty parties face administrative liability, up to compulsory seizure of plots.