Transfer of land from one category to another: conditions and procedure

The situation when the site needs to be usednot for the intended purpose, but also change its appearance, can occur at any time. The transfer of land from one category to another is not a difficult task, but a long-term one. At the same time, a change in the legal regime and adjustment of the value of land are inevitable.

Types of land

According to Russian legislation, land allotments are divided into the following types:

1. Agricultural land. Warehouses located outside the village, used for agriculture.
2. Settlements. Areas where buildings and settlements are being built.
3. Earth special use. Sites located beyond the boundaries of settlements, which are provided in due course to organizations, enterprises, institutions for the performance of assigned special tasks.
4. Protected lands, territories and objects. Warehouses that have great scientific, aesthetic, nature protection, recreational, historical and cultural, recreational and other value, withdrawn from general use and having their own legal regime.
5. Land of forest fund. The land, covered with vegetation, as well as uncovered by it, but intended for the restoration of plants; non-forested land, which is intended for forest management.
6. Land of water fund. Areas on which there are ponds, glaciers, hydraulic structures and dedicated lanes along the coast.
7. Land of the reserve. Sites in state or municipal management.

Change of plot category

Each category of land has its own legalmodes. That is, in the areas of agricultural importance you can grow crops and engage in livestock, in settlements you can build. Accordingly, the transfer of land from one category to another is the emergence of new opportunities and options for their application.

The process of translation begins with the submission of a petition with the attached necessary documents. The document does not have a strict form. Such a request initiates the process and must contain the following information:

• This category of land allotment.
• Desired category.
• Cadastral number.
• Justification of treatment for the change of category.
• Documents connecting the applicant and the land plot.

The application is reviewed by the relevantbodies. With a positive outcome, a document is created to change the category of land allotment. The same body is obliged to make all necessary actions for making changes in the register of real estate. The transfer of land to another category is regulated by Federal Law No. 127 of December 21, 2004.

Where to go

Let us consider which bodies carry out the transfer of land to another category. Changes in the type of permitted use are made by different authorities depending on the owner of the allotment:

1. The Government of the Russian Federation. If the owner of the plots is a state.
2. Federal or municipal body, private owner. If the owner of the allotment is the relevant body or is private property.
3. Local authorities. With them, all issues are resolved if the property does not belong to the municipality, the private owner, and also is not agricultural land.

If the applicant wishes to transfer the land plot incategory of a settlement or, conversely, to withdraw from this category, the issue must be resolved with the municipal authority, as borders will be transferred.

Documentation

To transfer land from one category to another, you need to collect and submit the following package of documents attached to the application:

• Extract from the cadastral chamber, which confirms the cadastral number or cadastral passport.
• A copy of the passport, an extract from the Unified State Register of Legal Entities (EGRIP). The document that confirms the status of a person - an ordinary citizen, legal entity or entrepreneur, is presented.
• Extract from the general list of rights to real estate. This document confirms the applicant's legal connection with the land. However, if the applicant is not the owner, he must provide proof that the site owner is aware of and not against the forthcoming operation.
• The decision of the state examination (ifthis is required by the rules). In some specific cases, such a document is the main justification for making a transfer. If the examination is not necessary, then it is possible to append to the statement the opinion of a specialist, which proves the expediency of changing the category.

At the same time, the applicant is obligedprovides only documents that certify his identity and, if required by the case, consent from the owner of the site. The receipt of other securities for the transfer of land from one category to another is carried out by the bodies independently, within the framework of an exchange between departments.

Translation Process

Transfer of land from one category to anotheris settled in accordance with the legislation of the Russian Federation. The deadline for consideration of the submitted application at the governmental level should not exceed three months, unless otherwise stipulated by legislative acts.

At the federal or municipal level, the application is in operation for several months.

If the refusal to consider the application is related toincorrect submission of documents (the package is not completed or submitted to the wrong authority), the application is returned to the applicant not later than in a month, indicating the reasons for the refusal.

Decision making is as follows:

• A positive decision is made by drawing up an act on the transfer of land.
• Negative decision is drawn up by drawing up an act of refusal in translation.

Each of these documents, authorized bodies should send a citizen no later than 14 days from the date of publication.

If an act is issued for the transfer of land from onecategory to another, it is sent not only to the applicant, but also to the land cadastre authorities to register the changes made. Then the act must be sent to the unified state register of real estate rights. A deal on the transfer of land is deemed to be held if a record is made in the Unified State Register.

Processing of submitted documents will not requireso much time. But taking into account the fact that the state fixes deadlines for sending documents to each of the bodies, from the moment the act is signed, and before the information is entered into the register, it can take about two months. It turns out, the transfer of land from one category to another, the conditions and procedure of which are clear and understandable, is a process that is not complex, but long-term.

Character traits

Transfer of land to another category of LC RFregulates very clearly. Chapters 2, 14-18 show the main features of this process. In detail it is possible to consider sites of agricultural designation, which often become a tasty morsel for developers.

Legislatively set the whole listrestrictions for those agricultural lands that are recognized as grounds for growing crops, walking and feeding cattle, mowing, and possessions where gardens, vineyards and other plantations are growing.

First, it is forbidden to transfer plots orallotments in the composition of such plots from agricultural land, if the cadastral value of the latter is 30% (and more) than the average cadastral value for the area. The same rule applies to other allotments included by regulatory enactments in the list of lands, the use of which, except for agriculture, is not allowed.

Secondly, the transfer of land to another categoryis no longer relevant in relation to farmland. In other words, paragraphs 2 and 3 in article 79, which allow a change of category for agricultural lands, no longer work in the code.

Now the law establishes the circumstances when the occurrence of which the transfer is permissible as an extreme case. This includes carrying out a road, power lines, changing the city limits, etc.

Such extreme cases are not regulated in any waylaws, therefore at occurrence of each such case they are considered individually. Of course, such a breach in the law may entail a clear abuse of one's duties by those persons who are responsible for the examination of applications.

Why can they refuse?

Transfer of land from one category to anotheris carried out through the collection and provision of the necessary documents. But the Russian legislation and the Land Code as a whole provide for some weighty circumstances, which entail a refusal in the transfer. In addition to the unsatisfactory conclusion of the examination, the grounds may be as follows:

1. Decrees of the federal bodies on the prohibition or restriction in the transfer of the site to other categories.
2. Discrepancy in the documentation. The requested purpose of the land or site does not correspond to the approved territorial planning.

It is worth saying that all the documentationterritorial planning, which serves as a refusal in translation, must be accepted and published. Otherwise this fact can not be considered legitimate for refusal. Today in many regions there is no properly approved documentation of territorial planning.

The act of refusal can be appealed in court.

Features in the removal of land allotment

When the allotment is withdrawn, including redeemed for municipal or state needs, the transfer of land from one category to another is carried out immediately after the operation of redemption or seizure.

Local self-government bodies are obliged to independently transfer the received site to a new category before transferring it to a new landowner.

It turns out that the owner of the land allotment from which he is redeemed can not forcefully release the land just because the category has changed.

In addition, local governments,who withdraw a plot or redeem it, must not shift the transfer of land from one category to another, the conditions and procedure of which must be fully complied with, to the new owner.

Change the categories of land

Let's consider briefly a list of cases when it is possible to transfer land from one category to another in the Moscow Region.

You can change the type of agricultural land, if:

• There was a conservation site.
• It is planned to create a protected natural area or to assign ownership to an environmental, historical, cultural, recreational species.
• A feature of the settlement is established or changed.
• Possessions are included in the forest, water fund or in the reserve land because of the unsuitability of the first to agricultural work.
• On such lands will be placed the objects of the country's defense (provided that there was no other choice).
• On the territory, minerals will be extracted (if there is a relevant project).
• It is planned to build roads, communication and power transmission lines, an oil pipeline, a gas pipeline, a pipeline, a railway and other structures (if there is an approved and accepted project).
• It is planned to place objects of communal, domestic, social purpose, medical facilities, if there is no other place of accommodation.

You can transfer special assignments in the following situations:

• If a site remediation project is created and approved.
• If the soil before the transfer is restored and cleared of the products of industrial enterprises.

Transfer of allotments of the forest fund is allowed, if:

• A natural protected area is organized.
• The boundaries of the settlement are established or changed.
• Special tourist economic zones are being created.

Transfer of allotments of a water fund is permissible, if:

• The existence of a water body has been terminated, the channel, the boundary of the reservoir, etc., have been changed, including an artificial land plot is created with a positive decision of the expert opinion conclusion.

At the same time, it is possible to transfer land to the allotments of a water fund provided that:

• The land is occupied by a pond.
• A reservoir or other artificial water body has been erected.

Transfer the allotments of important protected areascan be in other categories, if there is a positive resolution of environmental expertise or other verification, which is established by federal legislation.

Nuances

Legislation, while regulating the majorityissues related to the transfer of land from one category to another, but in practice there are a lot of nuances and contradictory situations. First of all, this concerns the authorities and their role in making decisions on the petition. For example, a refusal to transfer, except for objective reasons, may contain both "exceptional cases" and "permissible restrictions". In particular, this concerns the transfer from agricultural land to lands of other purposes.

Also the main issue remains the legal fact that the land, for reasons beyond its control, can be attributed to several categories. And this can complicate the translation process.

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