The use of agricultural land with possibility of construction of buildings Bashny.Net

Few people know that in the lands of the category of "agricultural land" permitted use "for agricultural production" perhaps the construction of buildings and other structures. The legality of such construction stems from a number of provisions of the law that reglamentary conditions such construction. A prerequisite is the registration of the owner of the land and peasant farms.

Due to the fact that the construction of buildings and structures required for peasant farming, on the land plots from the category of "agricultural purposes" permitted use "for agricultural production" is not common, there is a mistaken view about the illegality of such construction. In practice, problems arise not so much with the legality of construction, and with the ignorance of local authorities and lack of practice the issuance of a building permit on agricultural land.

 





In accordance with article 40. RF land code the land Owner has the right to: 2) erect residential, production, cultural, household and other buildings, structures, constructions in accordance with the target purpose of the land and its permitted use compliance with planning regulations, building, ecological, sanitary-hygienic, fire safety and other rules and regulations.

In accordance with article 78 of the land code of the Russian Federation of the agricultural land can be used for agricultural production, creating protective plantations, research, training and other related agricultural production purposes by citizens, including leading peasant (farmer) economy, personal subsidiary plots, horticulture, animal husbandry, horticulture...

Article 43 of the Russian Civil code "rights to land" says quite clearly: "1. Citizens and legal entities shall exercise their rights to land plots at their discretion, unless otherwise established by this Code, Federal laws".
In article 6. KFKH act N 74-FZ States: "1. In the composition of the assets of the farm may enter the land, economic and other constructions, meliorative and other constructions, productive and working cattle, poultry, agricultural and other machinery and equipment, vehicles, inventory and other necessary for the implementation of the farm property."

Later in the Article 11 of the same Law: "the Composition of the assets of the farm: 1. To create the farm and its activities can be provided and purchased land from the agricultural land. 2. For the construction of buildings, structures and facilities necessary for the implementation of activities of farms can be provided and purchased land plots from agricultural lands and lands of other categories."
Article 77 of the LC RF stipulates that the composition of agricultural land allocated agricultural land, land occupied by intraeconomic roads, communications, forestry plantations intended to ensure the protection of land from negative (harmful) natural, anthropogenous and technogenic phenomena, water objects, and also buildings, buildings, buildings used for production, storage and primary processing of agricultural products.

Thus, based on the wording of the law, it can be concluded that the ban on the construction of buildings, structures, constructions on the agricultural lands there. The only prerequisite is the use of land from agricultural lands in accordance with the permitted use for agricultural production. The main condition for the construction of buildings, structures, constructions on the agricultural lands is required to implement the activities of the farm and registration of the owner as a farmer and peasant farms.

The content of Art. 79 part 3, which says that for the construction of industrial facilities and other non-agricultural purposes includes land unsuitable for agricultural production or farmland from the agricultural land of poorer quality on the cadastral value, for the construction of power transmission lines, communication, roads, pipelines and other similar structures are permitted to provide agricultural land from the agricultural land of higher quality. But any restrictions on the quality of the land on which the construction and commissioning of buildings, structures and facilities necessary for the purpose peasant farms, not provided by law.

The construction of the facility may be implemented on the land plot of the owner in compliance with the requirements of subparagraph 2 of paragraph 1 of article 40 and article 41 of the Land code of the Russian Federation and on the land plot acquired at the auction (competitions, auctions) in accordance with paragraph 2 of article 30 and article 38 of the Land code of the Russian Federation. In these cases, it is sufficient to obtain a construction permit in accordance with article 61 and 62 of the town planning code of the Russian Federation.
Thus, for activities of KFKH permitted in the property of the farm buildings for agricultural purpose, i.e. residential, recreational, industrial and other purposes.

For the construction of buildings and structures is necessary to obtain a building permit. The building permit is issued by local authorities — it is necessary to obtain a decree signed by the head of the district on the building permit. As a rule, in the construction permit specifies a time limit within which to start building, usually 3 years. It is believed that after this period, the owner is obliged to register at least under construction, for example, the Foundation, then the owner is obliged to pay the property tax that the logical way stimulates the owner to the completion of construction and paperwork on the house.
In order to facilitate the acquisition of building permits, required in accordance with the purpose of the plot, register a peasant farm, specifying the list of activities those species that require constant and immediate presence on the site participants management, e.g. rabbits or poultry. In such cases, the dwellings become "necessary to implement the activities of the farm". On this way go those who wish to buildings and structures were built with obtaining the building permits and properly accounted for. Of course, in real life land owners to conduct farm being built without permits, is in fact dealing with the legalization of buildings or transferring of land in other categories or according other types of permitted use – the same "suburban development" or "gardening".

The undisputed advantage of this alternative construction can be considered:

no need of transfer of land from the category of "agricultural land" in the other categories (for example, "lands of settlements") or change the permitted use, which will reduce as the financial cost (because the transfer of land expensive procedure) and time (the consent process by holding public hearings requires substantial time);
low costs for compliance with legislation and obtaining construction permits;
low rate of land tax on lands of agricultural purpose.
The disadvantages of this option obtain residential buildings on agricultural lands include:

the availability of the required conditions stipulated by the laws (that are enforced without too much trouble);
responsibilities associated with the status of an individual entrepreneur, a farmer, including tax reporting.
Options for the construction of buildings, including residential houses can be different from the capital structures (restriction of article 19 FZ "On the horticultural, gardening and dacha noncommercial associations of citizens" provided for members of the horticultural, gardening or dacha non-profit associations) to the economy projects of houses "type Fox holes" which a permit is generally not required.
With regard to the payment of the land tax, in accordance with article 394НК of the Russian Federation tax rates are established by normative legal acts of representative bodies of municipalities (laws of cities of Federal importance Moscow and Saint — Petersburg) and may not exceed:

0.3% of the cadastral value of land plots: referred to agricultural lands or to lands within the zones of agricultural use in settlements and used for agricultural production;
1,5% of cadastral value for other land.
This reduces costs, not only for the preparation construction, but also for subsequent operation of the residential buildings, structures and land... posted

Author: Ira Hraban

P. S. And remember, only by changing their consumption — together we change the world! ©

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Source: vk.com/pervorod?w=wall-48124846_31852