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

Area of ​​agricultural landbig enough. In this regard, 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 the 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

Agricultural land of Russiarepresent 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. Land for agricultural purposes includes the territories allocated for private household plots. 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- this is primarily suburban real estate. The plots allocated for 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 acquired agricultural land. What can you build on the sites? You can build capital facilities, for permanent residence including. At the same time, registration for the owners is provided for the owners. This possibility is determined by the Resolution of the CC of 14.04.2008.

Peasant farming

Several citizens who have their own property canto 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 ownership of land, inventory and other common property will be shared.

Livestock raising

Another direction of land useagricultural purpose 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 areas include pastures and lands. Construction on agricultural land allocated for cattle-breeding activities is not allowed.

Manufacture of agricultural products

There are certain limitations forsubjects acquiring 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 plots, you must carefullyto 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 conceived activity. Meanwhile, the law provides for the responsibility for using the sites for other purposes. The norms allow the change in 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. The Russian Federation.
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 tofill in the application, which indicates 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 considered2 months by municipal or regional authority, 3 months by 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 that, 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 andorders of allotments are regulated by the Federal Law No. 101. The normative act also establishes restrictions and rules, according to which the shares in the ownership right and the plots allocated to the lands of agricultural significance are traded. In Art. 10 of the said normative act it is established that the allocation of allotments belonging to the state or to the municipality is carried out in the manner specified in the LC. Yurlitso or a citizen who rent such plots and carry out their activities in accordance with their purpose, can get them into ownership or conclude a new lease agreement. The order of transactions is set 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 land is agriculturalare 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. Sites can also be leased:

1. Cossack societies.
2. To research organizations.
3. To religious associations.
4. Educational institutions of an 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

Legislation provides for the possibilitygranting of land belonging to the state or municipality and allocated to the share owned by the MI, 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 a corresponding 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.

Withdrawal

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

1. The use of the allotment is carried out with disabilitiesestablished requirements for the rational exploitation of the territory, if in this regard, there was 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 since the datethe emergence of ownership rights on the site did not carry out agricultural activities or other work not related to this area.

In the three-year period, time is not included in theduring which the territory could not be used due to a natural disaster or for other valid reasons, as well as the period in which, as a general rule, the development of the allotment is 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 identified, 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 send the relevant application to the court.

Conclusion

The purpose of classifying land into categories and typesis the provision of rational and effective use of territories. The legislation establishes the obligations of tenants and site owners not only to conduct permissible activities in the areas, 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. Controlling organizations pay special attention to the use of territories in accordance with their purpose, as specified in the title documents. If violations are identified, the guilty parties face administrative liability, including forcible seizure of plots.