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

The situation when the site must be used for other purposes, as well as 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.

Land types

According to Russian law, land plots are divided into the following types:

1. Agricultural land. Allotments located outside the village, used for agricultural needs.
2. Settlements. Land plots where development and development of settlements are carried out.
3. Land of special use. Sites located outside the settlements, which are provided in the prescribed manner to organizations, enterprises, institutions for the fulfillment of their assigned special tasks.
4. Protected lands, territories and objects. Allotments that have great scientific, aesthetic, environmental, recreational, historical, cultural, health and other significance, withdrawn from general use and having their own legal regime.
5. Land of the forest fund. Land covered with vegetation, as well as uncovered by it, but intended for plant restoration; non-forest land intended for forestry.
6. Land of the water fund. Sites on which water bodies, glaciers, hydraulic structures and allocated right-of-way along coasts are located.
7. Stock Land. Sites under state or municipal jurisdiction.

Land Category Change

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

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

• This category of land.
• Desired category.
• Cadastral number.
• The validity of the request for a change of category.
• Documents linking the applicant and the land.

The application is considered by the relevant authorities. With a positive outcome, a document is created on changing the category of land allotment. The same body is required to take all necessary steps to amend the property register . The transfer of land to another category is regulated by Federal Law No. 127 of 12.21.04.

Where to go

Consider which authorities transfer land to another category. Changes in the type of permitted use are carried out by different bodies, depending on the owner of the allotment:

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

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

Documentation

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

• Extract from the cadastral chamber, which confirms the cadastral number or cadastral passport.
• Copy of passport, extract from the register (EGRIP). The document is presented that confirms the status of the person - an ordinary citizen, legal entity or individual entrepreneur.
• Extract from the general list of real estate rights. This document confirms the legal relationship of the applicant with the land allotment. Moreover, if the applicant is not the owner, he must provide evidence that the owner of the site is aware and not against the upcoming operation.
• Decision of state examination (if required by the rule). In some specific cases, such a document is the main justification for translating. If the examination is optional, then the opinion of a specialist can be attached to the application, which proves the advisability of changing the category.

In this case, the applicant without fail provides only documents that prove his identity and, if required by the case, consent from the owner of the site. The receipt of the remaining securities for transferring land from one category to another is carried out by the authorities independently, as part of an exchange between departments.

Translation process

The transfer of land from one category to another is regulated in accordance with the legislation of the Russian Federation. The deadlines for consideration of the submitted application at the government level should not exceed three months, unless otherwise provided 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 to the incorrect submission of documents (the package has not been understaffed or submitted to the wrong authority), the application will be returned to the applicant no later than a month later, indicating the reasons for the refusal.

Making decisions is as follows:

• A positive decision is drawn up by drawing up an act on the transfer of land.
• A negative decision is drawn up by drawing up an act of denial of transfer.

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

If an act is drawn up on the transfer of land from one category to another, then it is sent not only to the applicant, but also to the land cadastre authorities for registration of the amendments. Next, the act must be sent to a single state register of real estate rights. A land transfer transaction shall be deemed completed if an entry is made to the Unified State Register.

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

Specific traits

The transfer of land to another category of the RF LC regulates very clearly. Chapters 2, 14-18 show the main features of this process. In detail, you can consider agricultural areas, which often become a tidbit for developers.

A whole list of restrictions is established for those agricultural lands that are recognized as land for growing crops, walking and feeding livestock, mowing, as well as possessions where orchards, vineyards and other plantings grow.

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

Secondly, the transfer of land to another category is no longer relevant in relation to farmland. In other words, clauses 2 and 3 in Article 79 no longer allow the category to be changed for agricultural land.

Now the law establishes circumstances in which the transfer is permissible as an extreme case. This includes the conduct of roads, power lines, changing city lines, etc.

Such extreme cases are not regulated by laws, therefore, when each such case occurs, they are considered individually. Of course, such a breach in the law may entail a clear abuse of their duties by those persons who are responsible for considering applications.

Why can they refuse?

The transfer of land from one category to another is carried out by collecting and providing the necessary documents. But Russian legislation and the Land Code as a whole provide for some significant circumstances that entail a denial of transfer. In addition to the unsatisfactory conclusion of the examination, the grounds may be as follows:

1. Decisions of federal authorities to ban or restrict the transfer of a site to other categories.
2. Discrepancy in the documentation. The requested intended purpose of the land or plot does not comply with the approved territorial planning.

It is worth saying that all documentation of territorial planning, which serves as a refusal to transfer, must be accepted and published. Otherwise, this fact cannot be considered lawful for refusal. Today in many regions there is no correctly approved territorial planning documentation.

The act of refusal itself can be appealed in court.

Features in the seizure of land

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

Local governments are required to independently transfer the land to a new category before transferring it to the new landowner.

It turns out that the owner of the land allotment from which he is redeemed cannot be forced to vacate the plot simply because the category has changed.

In addition, local governments that seize the land or buy it out should not transfer the transfer of land from one category to another, the conditions and procedure of which must be fully respected, on the new owner.

Changing land categories

Let us briefly consider the list of cases when land can be transferred from one category to another in the Moscow region.

You can change the type of agricultural land if:

• The site has been mothballed.
• It is supposed to create a protected natural area or assign ownership to an environmental, historical, cultural, recreational species.
• Set or change the feature of the settlement.
• The property is included in the forest, water fund or in the reserve lands due to the unsuitability of the former for agricultural work.
• The country’s defense facilities will be placed on such lands (provided that there was no other choice).
• Minerals will be mined on the territory (if there is an appropriate project).
• It is planned to build roads, communication and power lines, oil pipelines, gas pipelines, pipelines, railways and other structures (if there is an approved and adopted project).
• It is planned to place objects of communal, domestic, social purpose, medical facilities, if there is no other location.

Special plots can be transferred in the following situations:

• If a land reclamation project has been created and approved.
• If the soil before the transfer is restored and cleaned from the products of industrial enterprises.

Transfer of forest fund plots is permitted if:

• Organized protected area.
• Set or change the boundaries of the settlement.
• Tourism special economic zones are being created.

Transfer of allotments of the water fund is permissible if:

• The existence of a water body has ceased, the channel, the border of the reservoir, etc., have been changed, including the creation of an artificial land plot upon a positive decision of an expert opinion.

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

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

Allotments of important protected areas can be transferred to other categories if there is a positive resolution of environmental state examination or other verification, which is established by federal law.

Nuances

Although the legislation regulates most of the issues related to the transfer of land from one category to another, in practice there are many nuances and controversial situations. First of all, this concerns the authorities and their role in deciding on the application. For example, a refusal to transfer, besides 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 land, for independent reasons, can be assigned to several categories at once. And this may complicate the translation process.