Unsuitable land for agriculture. Agricultural land of the Russian Federation. Under on-farm roads and communications

The earth is one of the most significant issues in people's lives, especially people visiting our portal. Let's start a conversation from simple concepts to complex, let's touch on the issue of categories and types of land use permitted by the legislation of our country.

According to the intended purpose, land can be divided into the following categories:

• agricultural land;
• industrial lands;
• lands of settlements;
• lands of specially protected territories and objects;
• water fund lands;
• forest fund lands;
• reserve land.

Such differentiation is made for their protection and use only for their intended purpose, in order to preserve the initial properties of the site. From this list, we are only interested in agricultural land.

Each of the above seven categories has its own subsections - types of permitted use. There are approximately 3000 subsections in total, but in this article we will consider only the most famous ones, and those related to the categories of land for settlements and agricultural purposes.

Land plots of settlements have lower the following types permitted use:

• Individual housing construction(IZHS)
• Country construction (DNP)
• Agricultural land has the following types of permitted use:
• Maintaining a personal subsidiary plot (LPH)
• Country construction (DNP)
• Horticulture (SNT, SNP)

As can be seen from Art. 78, 81 of the Land Code, agricultural land is allowed to use:

• under the conduct of personal (subsidiary) farming;
• under the conduct of a peasant (farm) economy;
• for suburban construction;
• for gardening;
• for gardening;
• for animal husbandry;
• for the production of agricultural products;
• for other activities related to agriculture.

The type of permitted use of land is indicated in the column of the certificate of ownership, clause of the lease contract and other documents that certify the right to land plots, and can also be prescribed in title deeds for land.

Lands of this category are primarily predetermined for the cultivation of berries, fruits, vegetables, melons or other agricultural crops. crops and potatoes. In addition to the cultivation of agricultural products, all types of use of agricultural land imply the right of the owner of the land plot to develop it, which is fixed by Art. 263 of the Town Planning Code, art. 40 of the Land Code.

The law allows construction on agricultural land, defined for agricultural production and running a peasant (farm) economy, buildings and structures that are used for the production, storage and primary processing of agricultural products.

Land for horticultural, horticultural and dacha purposes is given with the right to build a residential building, outbuildings and structures.

On a personal subsidiary land plot, it is allowed to erect a residential building, household, industrial and other buildings, buildings, structures.

Still, we should not forget that the construction of any object should take place in accordance with the zoning plan of the territory and the implementation of existing norms and rules.

Building prohibited on agricultural lands in the cases provided for in paragraph 3 of Art. 4 of the Federal Law of 07.07.2003 No. 112-FZ "On personal subsidiary plots", according to which field land plots are used only for the production of agricultural products.

With restrictions and prohibitions in the methods of application land plots an appropriate entry is made in the documents that certify the right to a land plot, as an example, one can cite: “without the right to build buildings and structures”.

In accordance with Article 6 of the Federal Law of July 24, 2002 No. 101-FZ “On the turnover of agricultural land”, owners, land users, landowners, tenants of agricultural land are required to use the land in strict accordance with the intended purpose of this category of land and the type of permitted use. Economic activity people should not cause damage to the earth as natural object: serve as a preamble to degradation, pollution, littering of land, poisoning, damage, destruction of the fertile soil layer and other adverse (harmful) effects.

In case of improper use of land or non-use in accordance with the intended purpose for a period of 3 years, an agricultural land plot can be forcibly taken away from its owner in a judicial proceeding.

Possibilities of land use depend on the category assigned to them. Not everywhere you can build a house or grow agricultural crops.

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Often the questions concern land for Agriculture. What is agricultural land in 2019?

The Land Code of the Russian Federation divides all land resources according to their intended purpose into different categories. The first category mentioned is the agricultural land category.

General aspects

In Russia, agricultural land in terms of its volume is second only to the territories of the forest fund, which occupy more than half of the country's land resources.

And although Russia is one of the world leaders in terms of arable land, only about 8% of the total territory has been plowed up. At the same time, agricultural land is not always located within the category of agricultural land.

Such lands may be included in the lands of industry, forest fund, etc. Yes, and agricultural land can be used not only for agricultural production.

For this reason, questions often arise about what should be classified as agricultural land and how can they be used?

Required terms

Agricultural land refers to territories located outside settlements.

They are defined for the needs of agriculture. In particular, the following may be used:

• for agricultural production;
• for other similar purposes.

The general legal regime of this category of land is reduced to their transfer specifically for agricultural purposes. But it is necessary to distinguish agricultural land from land for agricultural use.

It says here that agricultural lands are recognized as territories outside the boundaries of settlements and intended for the needs of agriculture.

Moreover, it is clarified that needs are understood not only as the placement of agricultural land, but also the placement of facilities related to agricultural production.

Detailed regulation of the turnover of agricultural land regulates.

The norm regulates relations concerning the disposal and use of agricultural lands.

The same law establishes restrictions and rules on the turnover of agricultural land, the procedure for granting land from the state fund or withdrawing it into state ownership.

But Federal Law No. 101 does not apply to lands provided to citizens under individual housing construction or garage construction, for gardening, gardening, and animal husbandry.

The turnover of such lands is based on the norms of the Land Code of the Russian Federation and federal legislation.

Emerging nuances

Who can use agricultural lands and claim their redemption in the future?

It is quite easy to conclude an agreement with the owner of the site. When leasing land from the state, the situation becomes more complicated.

The following order is provided:

1. An application is submitted to the local administration.
2. On the basis of an appeal in the press, an announcement is published about the proposed lease of the site.
3. If within a month there are no more applicants for rent, then a lease agreement is concluded. If there are several candidates, a competition is held.

In essence, the state provides three options for leasing land - free of charge, based on the results of bidding, without bidding. Persons belonging to preferential categories can receive a plot for use free of charge.

Basically, these are specialists attracted to work in the village. The land is leased to them for 5-6 years without charging rent.

Having built a house, you can apply for the provision of land before the end of the lease.

The bidding scheme is used mainly when non-purpose use is planned. For example, to receive agricultural land and register them under individual housing construction.

Whoever offers the highest rent wins the auction. A lease agreement is concluded with the winner within twenty days.

Importantly, the initiator of the auction must, at his own expense, conduct a survey of the site and put it on the cadastral register.

If another applicant wins, then he is obliged to reimburse the initiator's expenses. According to the tenant of the land can sublease the land.

If the land is leased from the state for a period of more than five years, then it is allowed to register a sublease within the duration of the lease without the consent of the owner (unless otherwise provided by the Federal Law), but with his notification.

To obtain land without bidding, it is necessary that there are no other candidates, and that the tenant's goals correspond to the plans of the state. For example:

As for the cost of renting agricultural land, it is impossible to name the exact amount.

This is due to the fact that such a land in different regions costs differently and the spread can be quite significant. The exact cost is specified in the local administration.

At the same time, the state regulates the determination of the amount of rent. It is determined by criteria such as:

• cadastral valuation;
• the size of the lease for a similar plot based on the results of the auction;
• sum ;
• market value.

When obtaining a lease through tenders, the initial cost is equal to a certain area from the cadastral valuation (about 1.5%). When determining the cost of rent, the intended purpose is taken into account.

Getting a plot to build a house will cost more than using the land for farming.

You can rent land from the municipality on preferential terms. The procedure for preferential provision is established by local authorities.

How to get a loan secured by a share

Agricultural land can be used by an agricultural enterprise, but belong to citizens who worked in the agricultural sector of a particular locality in the early nineties.

Due to the redistribution of land were distributed. Some of the citizens began to use the site on their own, others became equity holders in a certain land ownership, consisting of.

Land shares are included in the lands of a special category, but they are private property. Therefore, you can take a loan secured by a share.

There are not so many banks offering such loans. And the decision of the bank depends on the value of the site. Interest is usually represented by large agricultural lands near settlements.

But for the construction of any building, you will need to obtain the consent of the bank.

A loan secured by a land share can be issued at Rosselkhozbank. The loan term is five years, and interest rate is from 25% per annum.

23:14 2016

In our country, almost all land assets that are not occupied by forests and water bodies are classified as agricultural land. When purchasing a plot, you are likely to face the problem of the legality of building a house or estate on land of this category. Know legislative acts concerning suburban real estate, it is important to correctly select a land allotment for housing construction.

Village house: pros and cons

Acquisition of a house within the boundaries of a rural settlement has its positive and negative sides: not every village has a well-developed transport and social infrastructure (electricity and mobile communication, gas and landline phone), only some large villages have shops, hospitals, pharmacies, schools, kindergartens and libraries. A significant moment is the presence of public roads, public transport, well-groomed land, negative - limited choice of plots within the village, and, without the prospect of expanding the territory, the house cannot be left unattended for a long time, and neighbors may not always be friendly.

Village communications differ significantly in different areas and areas, depend on the distances to the nearest large settlements or interesting recreational facilities. And yet, on the lands of any settlements, you can easily build private houses ( outlets, hotels, recreation centers), maintain a personal subsidiary plot, in accordance with the types of permitted use of land, or simply use the site as a summer house (or live in a rural house permanently). A house in the village makes it possible to obtain registration (propiska) there.

You should only buy a house in the village if you agree to the standard of living that exists there (for example, a store that opens three times a week). After all, a mansion of two or three floors will look ridiculous among a dozen old dilapidated buildings of a village street. The only exceptions are villages located near attractive water bodies, where many others may appear after one cottage.

If the distance to a large settlement is close enough, and you are able to get there every day to work (take your children to kindergarten, school), if you are ready to live in a village house permanently, if you need a small plot of land for a garden and a summer house, then feel free to start searching. All nearby villages around your city will do. Land and a house can be bought both from private individuals and privatized (redeemed) a land plot owned by local authorities.

For those who want to purchase (build) suburban real estate, but do not live in a traditional Russian village, there are two radically opposite options:

• a house, a cottage, a dacha, a townhouse in an equipped new cottage (dacha) settlement with security, roads and social infrastructure facilities, depending on the size of the settlement and its distance to a large settlement;

• a secluded homestead, ranch, house or cottage away from settlements, in a picturesque area, on the banks of a river, in a forest, surrounded by extensive agricultural or hunting grounds.

These options mean construction on lands from the category of agricultural land(an exception is when a cottage settlement is being built within the boundaries of an already existing settlement).

Legal regime of agricultural land use

Agricultural land- these are all lands outside settlements that do not belong to the lands of the forest or water fund, lands of energy and industry, reserve lands or specially protected areas. Legally, they share, in accordance with Article 1 of Federal Law No. 101-FZ "On the turnover of agricultural land" dated July 24, 2002, into two categories:

• land plots, the possession, use and disposal of which are regulated by the Law on the circulation of agricultural land;

• land plots, the possession, use and disposal of which are regulated by the Land Code, the Town Planning Code, the law “On horticultural, horticultural and dacha non-profit associations of citizens”, the law “On peasant (farm) economy”. In accordance with the permitted use, such lands provide for garage construction, personal subsidiary and summer cottages, horticulture, animal husbandry and gardening, the construction of buildings, structures, structures.

On land plots of the first category, for which types of permitted use are usually established according to the new classifier with codes 1.0-1.18, the construction of residential buildings is not allowed. The only types of buildings that can be placed on such lands are buildings and structures used for the storage and processing of agricultural products. At the same time, if land plots are classified as especially valuable agricultural land, then a change in the type of their permitted use or transfer to another category of land is not allowed. On land plots of the second category construction is allowed (in particular, summer cottages ) .

Construction of cottages on agricultural land

Despite the widespread construction of cottages and cottage settlements, in this moment These terms have not been legally defined. In fact, such a development is a dacha non-profit association of citizens, regulated by Law No. 66-ФЗ “On horticultural, gardening and dacha non-profit associations of citizens” dated 15.04. 98 . Main rules for building cottages on agricultural land are based on the provisions of this law and the Town Planning Code of the Russian Federation.

Cottage- this is a one-, one-and-a-half- or two-story house with a living area of ​​up to 100-150 sq. m, with a small garden plot, designed for one family. This type of construction corresponds to the type of permitted use of land (VRI) with code 2.1: “Low-rise residential development (individual housing construction; accommodation country houses and garden houses). It is not intended to be divided into apartments. On the land plot, you can grow fruit, berry, vegetable, melon, ornamental crops, place garages and utility buildings. This type of permitted use of land is most often established for suburban land plots.

In accordance with Law No. 66-FZ, suburban area provided to a citizen or acquired by him for the purpose of recreation. On such a plot, it is allowed to build a residential building (without the right to register in it) or a residential building with a height of no more than three floors (with the right to register residence), outbuildings, grow (or not grow) crops. At the same time, it is very important that the land plot, in accordance with the zoning of the territory, has desired view permitted use - code 2.1 "Low-rise residential development".

At the same time, in practice it is impossible to obtain a dacha land plot outside the territory of a horticultural or dacha non-profit association of citizens. The planning project and the land surveying project (in accordance with the Civil Code of the Russian Federation) must be agreed on general meeting members of the association, and then approved by the local government. The construction of buildings can begin, using the urban planning regulations, only after the approval of these projects. A cottage village is always an organized development, usually organized by a development company or a real non-profit association of citizens headed by government bodies.

If you have sufficient capital and experience in the construction industry, you can independently choose a site for the organization and development of a cottage village, including agricultural land. Building land is purchased from private individuals(companies) or through the procedure of privatization (for a fee or free of charge), leasing land plots from state or municipal property.

1. On horticultural, horticultural and dacha non-profit associations of citizens / Federal Law of 15.04. 1998 N 66-FZ (as amended on 12/31/2014) . – Access mode: http://www.consultant.ru/document/cons_doc_LAW_173607/ .
2. On the turnover of agricultural land / Federal Law No. 101-FZ of July 24, 2002 - http://www.consultant.ru/document/cons_doc_LAW_37816/.
3. Land Code of the Russian Federation (LK RF) dated October 25, 2001 No. 136-FZ (current version dated March 8, 2015). – Access mode: http://www.consultant.ru/popular/earth/ .
4. Urban planning code Russian Federation dated December 29, 2004 No. 190-FZ (as amended on December 31, 2014) (as amended and supplemented, effective from April 1, 2015) – Access mode: http://www.consultant.ru/document/cons_doc_LAW_173884 /?frame=6#p1048 .
5. On peasant farming / Federal Law of June 11, 2003 No. 74-FZ. —

The concept of agricultural land

Within the framework of Article 7 of the Land Code of the Russian Federation, the legislator identified 6 categories of land according to their intended purpose and separately - reserve land. Some lands (settlements, transport, defense) are used by man as a spatial basis for placing buildings, property complexes of enterprises, engineering infrastructure and other objects. They are subject to the greatest anthropogenic influence.

Other lands (specially protected areas, forest and water resources) have retained a clear connection with nature. They are used primarily for organizing the rational use natural resources, protection environment and recreational purposes.

And only agricultural land is directly used for growing agricultural products, being an indispensable means of its production. Agricultural land is rightfully considered a strategic object of life, the basis of the economic and environmental well-being of the country, each region and municipality separately.

The definition of agricultural land is contained in paragraph 1 of Art. 77 ZK RF.

They are recognized as plots beyond the boundaries of settlements already used for agriculture or intended for this purpose. The specificity of the legal regime of agricultural land is due to their intended purpose, use for growing plants, breeding domestic animals, and poultry farming.

Soil fertility is recognized as a distinctive feature of the lands of this category. However, we must not forget that part of the agricultural land is used for the implementation of secondary tasks - the placement of outbuildings, protective plantings, etc.

The legislator uses regulations categories such as "agricultural land" and "agricultural land". Their logical volume is not the same. It can be argued that:

• agricultural land is component the land fund of Russia, allocated to an independent category according to a specific purpose;
• lands of agricultural use - a set of plots from the composition of lands of industry, settlements and any other categories, on the basis of the main economic purpose used as farmland.

Alternately, using each of these terms, the legislator extends the regulatory influence of the provisions of land legislation on certain legal relations.

Types of agricultural land

Agricultural lands are considered more valuable in the composition of the lands of this category, significant characteristic which is recognized as fertile. The latter have priority in use and by virtue of Art. 79 RF LC are subject to special protection. Among them:

• arable land;
• territories occupied by vineyards, gardens, shrubs;
• deposits;
• pastures;
• hayfields.

Productive agricultural land, the cadastral value of which significantly exceeds the average for the district / district, is recognized as especially valuable.

Part of the agricultural land is used to accommodate auxiliary facilities that are not directly related to the cultivation of agricultural products. These lands are occupied:

• on-farm communications;
• ameliorative, engineering systems;
• closed reservoirs;
• communications;
• tree and shrub plantations that protect farmland from leaching, blowing, road dust and the like (usually planted on steep slopes, along roads and reservoirs);
• stationary (cowsheds, poultry farms, warehouses, elevators) and non-stationary (greenhouses, sheds) facilities for the needs of the agro-industrial complex.

Subjects of agricultural land use

Art. 9 and 36 of the Constitution of the Russian Federation guarantee the right to use land to the widest range of individuals and business entities, without discrimination.

Despite this, paragraph 1 of Art. 78 of the Land Code of the Russian Federation lists land users in relation to agricultural land, including "non-traditional" formations. Common list:

• citizens leading a personal subsidiary plot;
• individuals practicing gardening, horticulture, animal husbandry;
• peasant (farm) enterprises operating on the basis of the relevant Federal Law of the Russian Federation No. 74-FZ, which may not have the status of a legal entity;
• commercial structures;
• unitary municipal and state enterprises,
• consumer cooperatives;
• religious organizations;
• Cossack societies;
• experimental and production departments of scientific and educational institutions;
• communities of indigenous peoples.

Some of these entities are guaranteed special conditions by the state. So, minorities can engage in traditional crafts without obtaining land in ownership or use.

Farms have a priority right to receive land and can participate in concessional lending programs. In some regions, they also have tax benefits.

General provisions on the use of agricultural land

The use of agricultural land is reduced to obtaining benefits from it ( economic benefit) as a natural means of production and a territorial basis for the placement of auxiliary agricultural facilities. The purpose of the exploitation of such lands is recognized as meeting the needs of citizens in agricultural products of their own production, as well as ensuring profits for economic entities of the agro-industrial complex.

These lands can be used for:

• creation and development of personal subsidiary plots;
• gardening;
• farming;
• gardening;
• creation of protective forest plantations;
• animal husbandry;
• fish farming (aquaculture);
• hunting economy;
• grazing;
• haymaking;
• scientific, research, educational and other similar purposes;
• cottage construction.

In some cases, individual housing construction is possible on agricultural lands. However, in most situations, housing construction and state registration on agricultural land is impossible, it is possible with restrictions or only after the land plots are transferred to the land of settlements.

Plots of agricultural land located at a distance of no more than 30 km from villages cannot be used for purposes not related to land management.

Since agricultural lands have such a significant characteristic as fertility, they are not interchangeable with lands of other categories (transport, communications, defense). It is obvious that society is interested in preserving the existing amount of agricultural land.

This thesis is supported by data on population growth, and, accordingly, an increase in the volume of agricultural products consumed for food. In addition, ensuring the urgent needs of the population in food of their own production has been elevated to the rank of a national security problem.

At the same time, the protection of agricultural land should not slow down the growth of cities, the construction of linear facilities and scientific and technological progress in general. Peculiarities legal regulation the use and turnover of agricultural land reflect the complexity of the situation and the search for a balance between the interests of society and its individual members.

The concept of rational land use

With regard to agricultural lands and especially fertile lands, the problems of rational land use are relevant. It should not deplete the soil, but, on the contrary, contribute to the conservation and enhancement of land resources of the agro-industrial complex. Key ideas of sustainable land use:

• lands should be used in the most natural way for them;
• maximum yields are limited by potential fertility and can be increased artificially solely through soil depletion;
• it is necessary to maintain an optimal balance of arable lands, hayfields and pastures;
• forest belts and other protective plantings should be preserved and restored;
• industrial and other non-agricultural use of agricultural land should be minimized.

In the Soviet period, rational land use was ensured by a planned economy. Collective farms and state farms were large agricultural producers, provided with seed, machinery and fertilizers of the proper quality.

The regime of land exploitation was more sparing and scientifically substantiated. IN modern Russia plots of agricultural land have been crushed, which makes it difficult to carry out crop rotation, land reclamation, pest control and other appropriate activities.

Tenants, being temporary workers, and not permanent owners of land, are interested in maximizing profits, regardless of the deterioration of soil quality. The list of problems goes on. One thing is obvious: the system of rational land use in the Russian Federation is just being formed.

Specifics of the legal regime for the use of agricultural land

The legal regime for the use of agricultural land is regulated by the Civil and Land Codes, as well as the Law of the Russian Federation No. 101-FZ “On the turnover of agricultural land”. It is noteworthy that the plots provided for personal subsidiary plots, garage construction, as well as those on which real estate is located, do not fall under the regulatory influence of the latter.

The main provisions reflecting the specifics of the legal regime of agricultural land:

• Preservation of targeted use of agricultural land.

The principle is stipulated in Art. 1 of the above-mentioned Law No. 101-FZ and is largely declarative. There is no direct prohibition on changing the intended purpose and / or permitted methods of use in domestic legislation.

Exception: productive agricultural land, the cadastral value of which significantly exceeds the average for the municipal district or urban district, is recognized as especially valuable. In relation to such lands, a decision may be made on the inadmissibility of their use for purposes not related to the production of agricultural products (clause 4, article 79 of the Land Code of the Russian Federation).

• Establishment of the boundary area of ​​agricultural land located on the territory of a municipal district/okrug that can be owned by one person.

By virtue of paragraph 2 of Art. 4 of the Law of the Russian Federation No. 101-FZ, the restriction is determined by the regional law, however, it cannot be less than 10% of the agricultural land of the corresponding district / district.

• The possibility of establishing the minimum area of ​​agricultural plots by regional law.

This is a right, not an obligation, of the regional authorities (clause 1, article 4 of the Law of the Russian Federation No. 101-FZ). If the limit is set, it must be equal to the minimum area of ​​the land provided for farming (clause 1, article 19.1 of the same Law). Representatives of agricultural science advocate the establishment of the minimum size of agricultural plots everywhere. Motivation: Farmland fragmentation minimizes sustainable land use opportunities.

• Prohibition of the transfer of agricultural land into the ownership of foreigners, foreign companies.

The restriction applies to business entities registered in the territory of the Russian Federation, if at least 50% of their statutory fund is owned by foreign persons or companies. It is noteworthy that foreigners and foreign companies have the right to receive agricultural land on lease.

• Establishing for public entities (subjects of the Russian Federation, and in cases stipulated by regional law, municipalities) the right of priority purchase of agricultural land in the event of their sale.

In all cases, except for the sale of agricultural land at auction, their owner is obliged to notify the competent authority of the fact of sale, the object of the contract and selling price. If within 30 days a refusal was received or the notification was ignored, the seller has the right to conclude an agreement with the buyer of his choice.

The seller has the right to alienate the plot at a price equal to or higher than that appearing in the notice throughout next year. If this period has passed, a re-notification is required.

An agreement concluded in violation of the right of priority redemption is worthless. Today, cases of using the right of priority redemption by public entities are rare in Russia.

Chapter III of the Federal Law of the Russian Federation No. 101-FZ is devoted to the turnover of shares in the right of common ownership of agricultural plots. The legislator did not dare to imperatively establish the minimum areas of agricultural land to ensure rational land use and planning measures to maintain and restore soil fertility. However, he different ways prevents them from breaking.

One of them can be considered the recognition of the transferability of shares without allocating plots in kind. The share can be sold, donated, exchanged, pledged or mortgaged. Has developed arbitrage practice, within the framework of which the judges refused to allocate a share to the owners of insignificant shares of agricultural plots, appointing commensurate compensation.

Permitted use of agricultural land

Land in the Russian Federation is divided into categories. Within each category, subgroups are distinguished, which are characterized by their own uses. The parameters of permitted land use are established within the corresponding territorial zone, in relation to agricultural land - taking into account the differentiation of soils in terms of fertility and productivity (these parameters are established by appraisal).

Given the importance of agricultural land for the state and society, due to their fertility, the main type of permitted use of agricultural land should be farming on the land, the production of agricultural products. The implementation of ancillary activities and the placement of production infrastructure on such lands is allowed as an exception, subject to simultaneous subsistence agriculture.

The implementation of conditionally permissible types of activities (fishing, tourism, recreation) is allowed provided that this does not interfere with the conduct of agricultural production, its logistics and infrastructure support.

For agricultural lands (as well as for lands of settlements), zoning is relevant. Land management works are carried out at the level of municipalities and regions. Local authorities often develop classifiers for the types of permitted use of agricultural land.

Thus, the owner of land is limited in the ways of using the land belonging to him not only for the intended purpose, but also for the types of permitted use established by local authorities. It is also worth considering that the establishment of the type of permitted use, which is not typical for agricultural land, requires a change in the intended purpose.

This is possible by decision of the competent authority after proper land management and cadastral works, provided that the need for such a change is justified. Information about the change of permitted types of use is entered into the state real estate cadastre.

Misuse of agricultural land

Usually, the state does not interfere in the implementation of the owners of their rights to own, use and dispose of legally acquired property. Unnecessary things can be put aside for later, broken or thrown away. But land is a national property, valuable and protected property.

For this reason, within Civil Code In Russia, the legislator has established the possibility of compulsory termination of property rights in the following cases:

• non-use of land (art. 284);
• improper or inappropriate use (art. 285).

The provisions of these articles are general and can be applied to lands of various purposes. However, they are especially relevant for agricultural lands. The fact is that the non-use of arable land (the cessation of their cultivation, irrigation, land reclamation work) in itself can cause irreparable harm.

Lands can be depleted, dry up, swampy, overgrown with woody vegetation, and be inhabited by pests. Bringing such land into a condition suitable for its intended use can be difficult and involve significant costs.

Withdrawal of unused plots is possible if their purpose is related to agriculture or construction. The reason for the withdrawal is non-use for 3 years.

Misuse may include unauthorized construction, storage of building materials or garbage, and parking. The duration of the offense is not specified. This means that it is enough for the competent authority to establish the fact of improper use of the site.

It happens that the land is used for its intended purpose, however, in violation of the principles of rational land use, which leads to the depletion of the humus layer, erosion, desiccation or waterlogging. In addition, excessive intensification of land use is possible - the introduction of many fertilizers, pesticides, chemicals to increase productivity. This can serve as a basis for the withdrawal of land on the grounds of causing harm to the environment.

The order of withdrawal is stipulated in Art. 286 of the Civil Code of the Russian Federation.

The competent authority takes administrative decision about withdrawal. If the owner agrees, the site is sold at auction, if not, then the competent authority goes to court.

It is noteworthy that the fact of seizure does not exclude the imposition of obligations on the offender to compensate for the harm caused by his illegal actions. Code of administrative offenses liability for misuse of sites in the form of an impressive fine is stipulated.

For citizens maximum amount is 1%, for organizations - 2% of the cadastral value of the site. At the same time, the amount of the fine for citizens cannot be less than 10 thousand rubles, for organizations - 100 thousand rubles.

The law of the Russian Federation delimits land by type of use. Significant amount because of ignorance of the law, people buy plots and start construction, not even knowing about the type of use. Agricultural land attracted the maximum attention of the state.

Since many entrepreneurs use it, violating the law. In December 2015, the President tightened sanctions for violating the use of agricultural land for other purposes, and approved the drafting of a new bill on the seizure of such plots from unscrupulous owners and their resale at auctions.

Dear reader! Our articles talk about typical ways to resolve legal issues, but each case is unique.

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It's fast and free!

Concept definition

To understand this problem, it is necessary to highlight the concept of this category of land. The term agricultural land is defined in land law. In accordance with the norms of the Land Code of the Russian Federation, agricultural lands are plots provided outside the city (settlements) for agriculture.

They can be transferred to the subject of law, in accordance with Art. 81, 82 of the Land Code of the Russian Federation, for the production of raw materials for sale or only for use by the owner, as well as growing perennial crops, mowing hay, grazing, farming and summer cottage construction.

The subjects of such relations are:

• citizen of the Russian Federation;
• entity;
• state and local government authorities.

In the norms of the law there is no clear line between personal subsidiary and farming. The essential difference between them is that the farm (peasant) economy is engaged in the manufacture and processing of raw materials, which is aimed at sale, and the personal subsidiary farm is focused exclusively on the owner of the site.

From the above, we can say that such lands include:

• arable land;
• haymaking;
• pasture and fallow land;
• plots provided for the cultivation of perennial plantings;
• roads and runs;
• forest belts;
• for farming (peasant farming);
• for subsidiary farming;
• for the construction of cottages;
• for the purpose of raising livestock and breeding beekeeping;
• for agriculture;
• land on which agricultural buildings and yards are built;
• other stipulated by the legislation.

If gardening or horticulture is occupied on the territory of the settlement, then such plots do not belong to this category.

Legal basis

The use of land that belongs to this category is regulated by the following legislative acts:

• The main law of the Russian Federation is the Constitution.
• Civil Code.
• Land Code.
• City building code.
• federal law No. 101 dated July 24, 2002
• Federal Law No. 74 dated June 11, 2003
• Federal Law No. 66 of April 15, 1998
• Federal Law No. 193 of December 08, 1995
• Federal Law No. 172 of December 21, 2004
• Decree of the Government of the Russian Federation of 08.06.1996 No.
• Acts and decisions of local self-government.
• Other npa.

The lands that belong to this category are defined by the rules of law as a single object, which means:

First, they are used only for this purpose.

Secondly, only a certain category of land is suitable for granting. For example, lands in reserves cannot be used for this category of lands.

Features and types

The following types of this category of land can be distinguished:

• Which are used for pastures, hayfields, areas occupied by roads, canals, perennial plantations, as well as for farming. The legislation of the Russian Federation identifies 11 types of personal subsidiary farming.
• Part of the land area on which the land is unsuitable for cropland. Industrial crops are grown here. Such as grapes, potatoes, rice, sunflower, sugar beets, tobacco, etc.
• On which there are buildings, structures and structures for the maintenance of agricultural land. For example, barns, barns, hangars, pigsties - only 17.
• Plots of land on which water bodies are located for entrepreneurial activity(reservoirs for breeding fish and so on).
• Lands on which forests are located.
• Field lands on which the owner conducts non-entrepreneurial activities.
• Household plots on which the owner conducts non-entrepreneurial activities.
• Land plots for gardening and horticulture.
• For the construction of summer cottages, provided in the property for use by the owner for recreation purposes.
• Land provided to the owner for livestock breeding, grazing and hay mowing.
• Land acquired by the owner for production.
• For housekeeping.
• Unsuitable for agricultural exploitation and provided for communications, roads, canals, etc.
• To create artificial forest belts.
• Other lands. These include swamps, ravines, landfills - all lands that are not intended for urban development.

Separate permits can be set for individual areas:

• Basic.
• Allowed conditionally.
• Auxiliary. Such permits are granted as additional to the main types of permits.

Lands that have special value:

• The value of the land as a result of the cadastral valuation is more than 10% of average cost lands in a certain territorial area.
• Which relate to pilot production facilities, research entities, educational organizations.
• Artificially irrigated areas and drained lands.

How to change the allowed use?

The land is used by the owner depending on the category of destination. But there is a possibility of changing the permitted use of agricultural land.

Depending on the subject of ownership, the transfer is carried out different bodies state power. There are translations by such bodies:

• the lands are in federal ownership - then the transfer is carried out by the highest Federal body executive power– Government of the Russian Federation;
• lands are owned by a citizen of the Russian Federation, including agricultural lands owned by a municipal body - executive authorities;
• lands that are owned by a municipal body, except for agricultural land - territorial bodies;
• land owned by citizens and legal entities. faces:
• land for agricultural purposes - bodies of the executive branch of government;
• lands with other purpose - bodies municipality.

There are two ways to transfer land:

• category change;
• change only the view, without transferring to another category.

Method number 1

According to paragraph 2 of article 7 of the Law No. 172 FZ of December 21, 2004, the transfer of lands from this category, which are of particular value, is not allowed.

In order to make a transfer you need:

First stage

The owner must submit a petition (petition) to government bodies who are authorized to consider applications for changing the categories of land.

• the number under which the plot is registered in the cadastre;
• the category of land to which this land plot belongs, and to which the transfer will be carried out;
• motive why you need a translation;
• a document confirming the eligibility of ownership of the land.

In addition, the following documents must be attached to the application:

• a land management project that justifies the introduction of changes;
• an extract from the state land register about this land;
• copies of identity documents: for a citizen - a passport or an extract on registration of an individual entrepreneur or legal entity. faces.
• extract from the unified state register of rights to real estate and transactions;
• for lands belonging to categories where an environmental audit is a mandatory process, such a conclusion is necessary;
• written permission from the owner to make changes;
• if the application is submitted by a representative, then the original power of attorney is required.

Second stage

State bodies. the authorities can make two types of decision: refusal of the application (petition) and decision to change the category.

State authorities may refuse an application in such cases if:

• the application was submitted by the wrong person;
• the documents attached to the application do not meet the requirements of the law.

An act with a decision on the transfer of land is issued for a certain period, during which the owner will have to register the changes. To make such a decision, the state authorities have a period of 2 months. In the event that the documents are submitted for consideration to the Government of the Russian Federation - the period is 3 months.

Third stage

After receiving an act with a conclusion on the transfer of land from one category to another, it is necessary to provide new data to the State Land Cadastre and the State Register of Rights to Real Estate and Transactions with it. After the changes are made to , the transaction is completed.

Method number 2

Transferring land in one category is much easier and faster. For this procedure, rules are established in articles 37, 38 of the Town Planning Code of the Russian Federation.

To do this, you need to apply to the territorial authorities. They hold an open hearing, with the presence of citizens living in the adjacent territory, as well as within the territorial zone. Participants in such a hearing may provide their comments and recommendations.

Minimum and maximum sizes of land in this category

The minimum size of land in this category should not contradict the land legislation of the Russian Federation. The bodies of the municipality establish minimum size independently and for each territorial district it is different.

As for the maximum size, the legislation regulates this issue by Federal Law No. 101 of July 24, 2002. According to Article 4 of this Law maximum size The plot must be at least 10% of all lands of this category of destination. The upper limit has not been set. That is, theoretically, it is quite possible to own 100% of the land in the territorial district. Naturally, this is not the case in practice.

Agricultural land is of particular value to the state. Therefore, for them there is a strict control by the state. Transfer from one category of agricultural land to another is possible only in exceptional cases prescribed by the legislation of the Russian Federation.