The last decade for the Russian Federation, in addition to economic and political upheavals, means the intensification of dacha construction. This can be seen especially close to large cities. Most people want to leave the city as soon as possible after a hard working week to spend time in nature and calm down.
According to the concept, it is a piece of land on which a person rests, depending on his desires, or can grow fruits and vegetables. Dacha economy is divided into two varieties - with the possible construction of a residential building or not. A building built on a permitted site in the future can be registered.
Dacha farming is one of the types of permitted land use. Therefore, all cottages are located outside the city. But, obtaining permission, it also implies the cultivation of plants and, and the construction of housing, and in the future registration.
When choosing land for a farm, please note that agricultural options are much cheaper than land in the settlement area. The dimensions of the dwelling depend on the size of the territory, as well as the wishes of the buyers. You can do the construction yourself, or you can attract professionals.
Building a house is not so easy, it is important to take into account many nuances. It is important not to forget about the features of the soil, the soil on the ground and, based on this, use building materials so that the building does not fall, but stands exactly. What can you do in the countryside? It is impossible to answer unambiguously.
It directly depends on the wishes of the owner. For someone, a land plot is needed for relaxation and beauty: to build a house, plant a bunch of trees and beautiful flowers around it. And someone needs a plot for planting vegetables, as well as obtaining fruits and berries. However, these goals are united by one reason - a break from the city.
What does the law say about dacha farming
A lot of people, and various organizations that plan to acquire or already have land for construction, improvement of the economy or for other purposes. Many are faced with a difficulty - a ban on building land.
The consequence of such a problem is precisely the standard thinking “the territory is mine, it means that I do what I want”. Such thinking provokes many difficulties. This is mainly aggravated with agricultural plots.
If you independently look for the reasons that caused difficulties in building up your site, then, as a rule, they can be found in law firms or in the district administration, and you often hear about restricted areas that are unsuitable for construction. It is forbidden to find out how the place that was purchased appeared in such a list of prohibited areas.
Even if a person receives answers to questions of interest, they will not be so easy to understand. First you need to familiarize yourself with the legislation relating to land, because this should be the activity of exclusively qualified specialists, it is they who must explain everything, but this is extremely rare.
Based on this, it should be understood that the axioms that make it possible to make the right decision in the acquisition of land for development are a necessity:
- It should be understood what the subdivisions of lands and acceptable varieties of land places are, assigning them to certain zones.
- It is necessary to realize that the permitted use of the site is based on the zoning of the area, which is depicted on the maps adopted in the PZZ.
Based on the PZZ, each subdivision of the territory has functional parts for which the town planning regulations and, directly, the types of permitted land plots are inherent. The types of sites that are permitted by law, in turn, are divided into the following categories:
- Basic.
- Minor.
- Conditionally permitted.
Thanks to the public cadastral card, you can find out about the status of your site. How to find out all the necessary information from the available information - the address of the place, as well as the cadastral number, will become assistants in this.
If the purpose of the development or the planned adjustment of the variety of the permitted territory corresponds to at least one item from the list of types in groups, this problem can be solved. To verify the possibility of solving this problem, it is necessary to order an extract from the PZZ on the types of permitted use of land belonging to the territorial zone, which has its own cadastral number.
To obtain this extract, you must contact the administration of the city or district. If there is no correspondence, then most likely there will be a need to adjust the territorial zone of the place or the problem will not be solved. So you still have to study the land code, which establishes order and helps to solve problems.
What you need to know before buying
Country farm, what can be done on the site? Before acquiring a territory, you should decide what it is for. In order to build housing or to move from a bustling city to a quiet village, to breed, or to create their own agricultural products.
You should not be lazy, if you have not received the necessary information about the construction of the land segment, you should come to the district administration and clarify possible cases, since the territory may not be suitable for building a house, a store or keeping livestock. All this is specified in the administration.
It is allowed that before development it will be necessary to carry out additional work in order to change the permitted use of the territory. The owner of the land can choose any kind of permitted type of plots in a certain territorial zone.
Do you want to buy land for building?
In addition to finance, certain knowledge and skills are also needed in order not to fall for scammers, disappointments, and waste of money. To acquire land, firstly, it will take a lot of time, since it takes from six months to a year just to choose a good plot.
Documentation can be completed in at least a week. Decisions must be carefully thought out, otherwise you can not do without disappointment and unnecessary loss of finances. When choosing a site, you need to look at the parameters on which comfort depends. Personal requirements. When choosing a place that will be used in the future, permanent or temporary residence affects. Also material resources.
You need to define the main criteria, for example:
- How far apart are the infrastructures?
- Land area.
- Is there a body of water or forest nearby.
- What is the distance to the road.
- What is the quality of the road.
- Is the area environmentally friendly?
It is almost impossible to buy one that will meet these requirements in a big city. Therefore, people are wondering how to travel from the suburbs to work, is there a stop nearby. If you have a car, then you should pay attention to the roads, whether they are of good quality. Practice shows that after rain, a wide primer will turn into a swamp.
What requirements must the site meet?
First of all, the area must be at least 10 acres. Basically, an ordinary piece of land is from 8 to 10 acres. Of course, you can start building a dwelling on 5 acres, but then there will be no those advantages of being outside the city, there will be a view of the neighbors from the windows, various sounds, lack of silence, and there will also be little space to build something extra, for example, a bathhouse .
The advantage of such a site lies in the low price. The larger the area, the better. There you can dig a pool, make a gazebo or sports ground, a large garage, or install a separate laundry or storage room. The problem is solved by acquiring two plots located nearby. If there is no finance for a large area, then you can start looking for partners and start preparing documentation for the purchase of two plots.
As for the shape, it is preferable to choose a square or rectangle. The triangular shape requires a special layout of the building, and this can contribute to difficulties in the construction process. The comfort of use, as well as the layout of the house, is affected by slope. If it is irregular in shape, then the difficulty lies in the planning functionality, and with a large slope, the planning and the construction of housing itself.
You can determine the water level and slope only in the spring. Accurate information is obtained only after a geodetic study, and the owners of the site rarely offer it. You should also not acquire land where there is a high-voltage line nearby.
Sometimes the land is put up for sale along with an unfinished house - the owners stopped construction for certain reasons. If the documentation is in order, but you do not like the plan, then you can make changes by agreeing this with certain authorities.
Of all permitted uses consistently popular land for horticulture and horticulture.
This is understandable - fruits and vegetables grown on their own plot, for themselves, are always tastier than those bought in the markets or in stores.
But fruits and vegetables will not grow on their own. Both the garden and the garden require care.
We need equipment for cultivating the land, for caring for trees and bushes. We need containers for harvesting.
All this needs to be stored somewhere. So, you need to build something like a barn. And generally speaking you need to arrange the site so that it is comfortable not only to fruit trees and vegetable crops, but also to those who cultivate this garden and these vegetable gardens.
It is necessary to build a bathhouse so that you can wash yourself after a hard day, and a canopy to hide from the sun or rain, and best of all, build a country house. Well, and if it is possible to build a house for permanent residence, then this can generally solve all problems.
The only question is what and where to build. Let's figure out how the construction conditions differ depending on the type of permitted use of the land plot - gardening or horticulture.
Before making plans for development, a potential buyer of a land allotment should first define the characteristics of future land tenure.
It may happen that, having acquired a land plot, its owner will face the fact that the law does not allow building a cottage in this area and even more so a country house.
How do some land plots differ from others, and how do these differences affect what kind of buildings can be built on them?
Most preferred for future landowners are plots intended for horticulture or horticulture.
Gardening and horticulture - in fact different types of activities and, accordingly, the permits for the use of these lands also differ from each other.
So, for example, on lands intended for gardening (code 13.1 according to) you can grow a variety of crops:
- berry;
- vegetable;
- gourds and others.
Location on allowed to build a temporary so that you can spend some time here without returning to your place of permanent residence.
You can also build:
- shed for storage of agricultural implements;
- a cellar for storing grown vegetables and berries;
- shower and toilet.
But that's where the permissions end. The construction of other structures is not provided for by law.
Permits for plots intended for gardening look somewhat different.
One nuance should be kept in mind here.
In the VRI ZU 2017 classifier, there are two codes for gardening.
VRI with code 1.5 regulates the types of horticulture activities for agricultural enterprises operating on large tracts of land and selling their products on an industrial scale.
VRI with code 13.2 regulates individual activities in areas intended for gardening.
In addition to growing fruits, melons and other crops, including potatoes, construction is allowed on the site. a garden house that can accommodate one family, since the house is not subject to division into apartments.
Of course, it is also allowed to build various outbuildings:
- for storage of agricultural equipment;
- for storage of the harvested crop;
- household outbuildings.
A few words about legislation
Depending on the purpose for which the lands are used, the Land Code of the Russian Federation divided them into.
Individual land users are only interested in land of the first two categories:
- (ZSN);
- (ZNP).
As the name implies, agricultural land located outside the settlements, whose territories are used for building settlements of various sizes and status.
Provision of land plots for gardening and horticulture to individual land users is possible only on the lands of these two categories.
Currently, all actions of individual landowners on plots for gardening or horticulture are regulated by Federal Law No. 66-FZ of April 15, 1998, as amended and supplemented.
This law is about horticultural, horticultural and dacha associations.
That is, all actions of allotment owners in one or another category of land are regulated within the framework established for a particular non-profit association.
This also applies, of course, to the possibilities of building plots.
On January 1, 2019, Federal Law No. 217-FZ of July 29, 2017 comes into force.
The current law No. 66-FZ in its article No. 8 regulates the conduct of an individual horticultural, horticultural or dacha farm as part of and on the territory of the corresponding non-profit association.
In article No. 6 of the new law No. 217-FZ, it is already said that individual horticultural and horticultural activities citizens can exercise without entering into any partnership.
In addition, Article 34 of the current law regulates individual construction on a horticultural or orchard plot only in accordance with plans for general construction on the lands of this non-profit association.
Article No. 23 of the new law this restriction removes. This is especially true for capital construction projects.
The only condition is compliance with all regulations land use and development, as well as urban planning regulations.
Construction work at various sites is regulated by the classifier of types of permitted use.
Types of permitted construction
It's time to figure out what is still possible and what is forbidden to build on your land.
Gardening
If, according to the classifier by type of permitted use, your site belongs to horticultural, then you allowed to build on this land:
- sheds;
- greenhouses;
- garage;
- outbuildings for crop storage.
You can also build holiday garden house. An important disclaimer is should not serve as a place of permanent residence.
But what if you want to equip housing away from the noise of the city, and build a full-fledged residential building? In this case, the determining factor is the category of land.
If your land plot is located on agricultural land, then the construction of a residential building for permanent residence with subsequent registration prohibited.
This problem can be solved if the territory on which the site is located. Then you can build a house and supply it with all communications, electricity and water, so that this house is recognized as residential.
Changing the status of a house from "non-residential" to "residential" is simple. To do this, it is enough to apply with the appropriate application to the local administration. At the same time, the formally current legislation is not violated - after all, when changing the category, the horticultural plot will already be within the boundaries of the ZNP.
It should be noted here that, unlike a change in the status of a house, a change in the category of land - very difficult task, and sometimes even impossible.
Horticulture
As for the plots allocated for gardening, everything is simple here. As already mentioned, on this earth buildings can be built:
- sheds for storing agricultural equipment and summer furniture;
- a room for storing the harvested crop;
- greenhouse;
- bath, toilet;
- other auxiliary and domestic facilities.
But in this area it is forbidden to build a house. This prohibition applies regardless of whether the garden plot is located within the boundaries of a settlement or on agricultural land.
Unlike changing the category of land, changing the status of a plot from "gardening" to "horticulture" or "LPH - personal subsidiary plot" is possible, but this the procedure is quite lengthy, and requires patience, time and expense from the landowner.
Related videos
In this video, the blogger explains a number of points related to construction on agricultural land:
Summing up
Summarizing all of the above, we can give advice to future landowners. Before buying land carefully study all the nuances related to the belonging of land to a particular category and type of permitted activity.
And after that, select a site that will satisfy your wishes both in terms of construction and in terms of the operation of the site itself.
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Country houses, as well as the land plots on which they are built, make up a significant part of suburban real estate in Russia.
Country construction and country economy
Russian legislation considers dacha farming (dacha construction) as a form of land use adjacent to horticulture and horticulture. In legal terms, closer than they are to individual housing construction (IZHS).
The Land Code of the Russian Federation uses the phrase "country construction". Article 81 of this document is called “Provision of agricultural land to citizens for running a peasant (farm) economy and personal subsidiary farming, citizens and their associations for gardening, gardening and summer cottage construction.”
In another very significant document for summer residents ─ the Federal Law “On Horticultural, Gardening and Dacha Non-Commercial Associations of Citizens”, the phrase “dacha economy” is used.
Some experts consider the expression "dacha economy" more successful than "dacha construction", as emphasizing the primacy of the land and the secondary nature of the house built on it. In addition, the concept of "economy" is more capacious than "construction", and includes it as a special case.
Their opponents note the obviousness that dacha construction (or dacha farming ─ as one prefers) as a form of land use is predominantly non-agricultural in nature. In addition, as noted above, from a legal point of view, dacha construction comes so close to individual housing construction that many experts generally call for the elimination of any legal differences between them. Therefore, they consider the house to be the main thing in the symbiosis of land and house that forms the concept of "cottage". And as proof of the correctness of their position, they cite Russian housing legislation, which does not make a clear distinction between residential buildings and dachas and allows, for example, the creation of homeowners' associations by the owners of "dacha" houses. In accordance with Article 136 "Creation and state registration of a homeowners' association", such an association can be created not only by owners of premises in apartment buildings and owners of individual residential buildings built on IZHS lands, but also subject to a number of conditions by owners of "dacha" houses.
It must be said that the opportunity provided by law construction of residential buildings on summer cottages given the “vagueness” of the criteria for granting the owners of these plots with such a right and the uncertainty of the terminology (“residential building”, “residential building”), they are fraught with abuses leading to practical legitimization of not always legally justified housing construction on agricultural land.
House and cottage
The reasons for calling a house a summer residence can be different. As a rule, the main reason for this is the seasonality of residence. It is traditionally customary to call a dacha the second suburban housing after a city apartment, intended mainly for use in the warm season. Although today, when for a significant part of the townspeople the role of a dacha is played by a full-fledged individual residential building, in which it is equally comfortable both in summer and winter, and registration of residence in it, unlike summer cottage "residential buildings", is not a problem, such an argument does not look perfect.
Many townspeople consciously choose country life in the format of a house and a summer house in a “one bottle”, not wanting to rank their homes in order of ─ No. 1 (main) and No. 2 (dacha), and assigning the “first number”, it would seem, doomed to be forever second, yes.
I must say that the opportunity to have two housing was not always legal. The 1922 Civil Code of the RSFSR forbade a Soviet family from owning more than one dwelling.
Perhaps the most justified reason from a legal point of view to call a house (or building) a dacha is the fact that it was built on a dacha plot.
What is a dacha land is explained in the Federal Law "On horticultural, horticultural and dacha non-profit associations of citizens." In this document, it is defined as a land plot provided to a citizen or acquired by him for the purpose of recreation and “giving” him certain rights. Firstly, the right to erect a residential building without the right to register residence in it or a residential building with the right to register, utility buildings and structures. Secondly, the right to grow fruits, berries, vegetables, melons or other crops and potatoes.
