It all starts with the acquisition of a land plot. Besides the usual buying and selling, there are other ways to get it. One of these ways is the availability of state benefits. There are rules for preferential land acquisition both at the federal and regional levels. Beneficial categories of citizens – as a rule, large families, veterans of armed conflicts, liquidators of the Chernobyl nuclear power plant, in some cases – agricultural scientists, etc. In different regions, the form of implementation of these benefits is determined differently. In the Moscow region, it is possible to obtain land for free, in some other regions – to receive monetary compensation upon purchase. You can find out about the right to benefits and how to implement them at the MFC branch, or in local governments.
The second way is participation in regional programs for the development of territories. The most famous of them is the Far Eastern Hectare, with plans to launch the Arctic Hectare program in the summer of 2021. The meaning of such programs is to provide residents with land plots free of charge for building houses and conducting economic activities. During the first five years, the use of such land is carried out free of charge, then the site is transferred either in a long-term lease or in ownership. You can submit an application on the State Services portal.
The third option is the transfer of ownership of ownerless land plots. They are subject to Art. 225 of the Civil Code of the Russian Federation, as well as local regulations. The first thing to find out in this case is whether the site (and the house, if any) is really ownerless. Then you need to notify the local administration of your intention to purchase this site. If the site really does not belong to anyone (the owners abandoned it / died / left forever), then tenders are held in the form of an auction. The winner gets the land. This is a rather profitable way, since the price in this case is, as a rule, lower than the market price, and the auction itself rarely attracts a large number of participants. You can also become the owner of land on the basis of acquisitive prescription (Article 234 of the Civil Code of the Russian Federation). In this case, you need to live on a no-man’s land for at least 15 years, and do this continuously, without hiding, paying for utilities and caring for the site as if it were your own. If during this time the owner does not appear, you can apply for your right to land.
You can also purchase a land plot at a regular auction held by the authorities of the subjects, municipalities. Announcements of such events can be found on the websites of the regional or local administration, as well as on special resources. An application is submitted, after which the participant who named the highest price receives the site. Depending on the conditions of the auction, the land plot can be transferred to a long-term lease with the transfer of ownership. Within a certain period, the winner of the auction is obliged to build a house on the site.
Where can you build
So you purchased land to build a house on. The first thing you should pay attention to is what category of land your site belongs to. All of them are listed in the Land Code of the Russian Federation, and each category of land has its own types of permitted use..
How to find out the category of lands
- Open the Rosreestr website (rosreestr.gov.ru).
- Go to the section “Public cadastral map”.
- Enter in the line the cadastral number of your site (there is in the contract of sale of the land plot or other document of title), or simply find it on the map manually.
- Get all the necessary information about the category of land and the types of permitted use.
Why is it needed?
Not every land category is suitable for building a private house. So that the construction does not cause any problems with the law, you need to know exactly where you can register a land plot for building a house:
- Lands of settlements. In this category, land is allocated for individual housing construction (IZhS), as well as land for personal subsidiary plots (LPH). They have the advantage that in such houses it is easy to get registration, to be assigned to a clinic, school and other institutions. Among the disadvantages is the need to obtain a building permit, go through several approving authorities during design, and undergo checks for firefighting and other authorities. By the way, when using maternity capital funds, you will have to acquire a plot of exactly this category, since a construction permit will have to be attached to the report to the Pension Fund of Russia on spending the funds..
- Agricultural land. Although such plots are primarily intended for agriculture, they can be used for construction if “gardening” is mentioned as one of the permitted uses. This may include the land of garden, horticultural non-profit partnerships, dacha non-profit partnerships. It is important to note that land for personal subsidiary plots located on agricultural land is not suitable for construction. In addition, it is somewhat more difficult to register in a house built on such a site and to be assigned to government agencies..
The reader may have a natural question – is it possible to change the type of permitted use? It depends on which types of permitted uses are listed as primary and which are conditionally permitted. If the type suitable for building a house is among the main ones, it is enough to collect a package of documents, obtain the consent of all the owners of the site and submit an application to the MFC.
A completely different situation will arise if the type you need belongs to conditionally permitted. In this case, the process will be long and difficult. You will need to obtain permission from the local administration, where it will be considered by a special commission, which will decide the further fate of your site. In general, we recommend that you initially purchase land plots that already provide for the type of permitted use that you need.
Where you can’t build
For some land plots, there are restrictions that prevent the construction of a residential building. This is the location of a site within a sanitary protection zone or strip, on the banks of rivers, lakes and other bodies of water. Moreover, the area of the coastal strip is determined by local authorities, therefore, before buying a site, you must definitely find out its limits. It is also impossible to build within the boundaries of the sanitary zones of gas pipelines, railway facilities, cemeteries, power plants, treatment facilities and some other facilities..
There are certain areas in which construction is generally allowed, but some restrictions must be observed. These are, for example, water protection zones. Restrictions in this case relate to both construction and further use of the land. When designing a future house, it is worth considering that the discharge of wastewater into a reservoir is prohibited by the Water Code, washing of cars, driving outside the road and many other restrictions is also prohibited. It is not so easy to build a house in specially protected natural areas. This will require obtaining a special permit from a state or municipal authority – depending on whose protection the territory is under, as well as compliance with the rules for the construction and operation of a house aimed at preserving the natural territory..
For failure to comply with these requirements, you can receive a court order to eliminate violations, otherwise the demolition of the house as illegally built and a tangible monetary fine will follow..
It is, in principle, possible to independently figure out how to properly arrange a land plot for the construction of a summer cottage or a country house on it, but we still recommend that you seek professional advice. Buying land and building real estate are very costly and time-consuming processes. Finding out that the land plot is not properly registered, the house is subject to demolition, and the money cannot be returned is a very painful experience. Therefore, it is better not to try your luck, and not to spare money for the work of lawyers when buying land – the cost of services for registration of a site for construction will in any case be justified.