Gardening areas. What lands can be used? Dacha farming: what is it? Step-by-step instructions for relinquishing ownership rights

The last decade for the Russian Federation, in addition to economic and political upheavals, has meant an intensification of dacha construction. This is especially noticeable near large cities. Most people want to get out of the city as early as possible after a hard week of work to spend time in nature and calm down.

In concept, it is a piece of land on which a person rests, depending on his desires, or can grow fruits and vegetables. Dacha farming is divided into two varieties - with the possible construction of a residential building or not. A building built on a permitted site can be registered in the future.

Dacha farming is one of the types of permitted land use. Therefore, all dachas are located outside the city. But obtaining permission also means growing plants and building housing, and subsequently registration.

When choosing land for farming, please note that agricultural options are much cheaper than land in the settlement area. The dimensions of the home depend on the size of the territory, as well as the wishes of the buyers. You can do the construction yourself, or you can hire professionals.

Building a house is not so simple; it is important to take into account many nuances. It is important not to forget about the characteristics of the soil, the soil on the ground and, based on this, use building materials so that the structure does not fall, but stands level. What can you do at your dachas? It is impossible to answer unequivocally.

This directly depends on the wishes of the owner. For some, a plot of land is needed for relaxation and beauty: start building a house, plant a bunch of trees and beautiful flowers around it. And some people need a plot of land for planting vegetables, as well as obtaining fruits and berries. However, these goals are united by one reason - a break from the city.

What the law says about dacha farming

There are many people, and various organizations that are planning to purchase or already have land for construction, arranging a farm, or for other purposes. Many people face a difficulty - a ban on land development.

The consequence of this problem is precisely the standard thinking “the territory is mine, so I do what I want.” This kind of thinking causes many difficulties. This is mainly exacerbated with agricultural areas.

If you independently look for the reasons that caused difficulties in developing your site, then, as a rule, you can find them in law firms or in the district administration, and you often hear about restricted areas that are unsuitable for construction. Finding out how the place you purchased ended up on such a list of prohibited areas is prohibited.

Even if a person receives answers to questions of interest, they will not be so easy to understand. You first need to familiarize yourself with the legislation relating to land, because this should be the activity of exclusively qualified specialists, they are the ones who should explain everything, but this happens extremely rarely.

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 is necessary to understand what the divisions of land are and the acceptable types of land areas and their assignment to certain zones.
• It is necessary to understand that the permitted use of the site is based on the zoning of the area, which is depicted on the schematic maps adopted in the PZZ.

Based on the PZZ, each subdivision of the territory has functional parts, which are characterized by urban planning regulations and, directly, the types of permitted land plots. The types of sites that are permitted by law are, in turn, divided into the following categories:

• Basic.
• Secondary.
• Conditionally permitted.

Thanks to the public cadastral card, you can find out about the status of your plot. How to find out all the necessary information based on available information - the address of the place, as well as the cadastral number will become assistants in this.

If the purpose of development or the planned adjustment of the type of 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 areas belonging to the territorial zone, which has its own cadastral number.

To obtain this extract, you must contact the city or district administration. If there is no compliance, then most likely there will be a need to adjust the territorial zone of the site or the problem will not be solved. So you still have to study the land code, which establishes order and helps solve problems.

What you need to know before purchasing

Country house farming, what can you do on the plot? Before purchasing territory, you should decide what it is needed for. In order to build housing or to move from a noisy city to a quiet village, to start farming, or to create your own agricultural products.

You must not be lazy, if you have not received the necessary information about the construction of a land segment, you should come to the district administration and clarify about possible cases, since the territory may not be suitable for building a house, a store or keeping livestock. This will all be clarified by the administration.

It is possible 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 type of permitted plot in a certain territorial zone.

Do you want to purchase land for development?

In addition to finance, certain knowledge and some skills are also necessary in order to avoid falling for scammers, disappointments, and wasting money. To acquire land, firstly, it will take a lot of time, since just choosing a good plot takes from six months to a year.

Documentation can be completed in at least a week. Decisions must be carefully thought out, otherwise there will be 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 depends on it. Also material opportunities.

It is necessary to determine the main criteria, for example:

• At what distance are the infrastructures located?
• Land area.
• Is there a body of water or forest nearby?
• What is the distance to the road.
• What is the quality of the roads?
• Is the area environmentally clean?

It is almost impossible to purchase one that will meet these requirements in a big city. Therefore, people wonder how to travel from the suburbs to work, and whether there is a stop nearby. If you have a car, then you should pay attention to the roads, whether they are of good quality. Experience shows that after rain, a wide dirt road will turn into a swamp.

What requirements must the site meet?

First of all, the area must be at least 10 acres. Basically, a typical piece of land is from 8 to 10 acres. Of course, you can start building a home on 5 acres, but then you won’t have the advantages of being outside the city, from the windows there will be a view of the neighbors, various sounds, lack of silence, and there will also be little space to build something additional, for example, a bathhouse .

The advantage of such a site is its low price. The larger the area, the better it will be. There you can dig a pool, make a gazebo or sports ground, a large garage, or install a separate laundry room or storage room. The problem is solved by purchasing two plots located nearby. If there is no finance for a large territory, then you can start looking for partners and start preparing the 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 building layout, and this can contribute to difficulties during the construction process. The comfort of use, as well as the layout of the house, is influenced by the slope. If it is of irregular shape, then the difficulty lies in the planning functionality, and if the slope is large, the difficulty lies in the planning and construction of housing itself.

The water level and slope can only be determined in the spring. Accurate information is obtained only after a geodetic survey, and the owners of the site rarely offer it. You should also not purchase 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 don’t like the plan, then changes can be made by agreeing with certain authorities.

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 farming

Russian legislation considers dacha farming (dacha construction) as a type of land use adjacent to gardening and horticulture. Legally, it is closer than they are to individual housing construction (IHC).

The Land Code of the Russian Federation uses the phrase “dacha construction”. Article 81 of this document is called ─ “Provision of agricultural land to citizens for running peasant (farm) farming and personal subsidiary plots, citizens and their associations for gardening, vegetable gardening and dacha construction.”

Another very significant document for summer residents, the Federal Law “On Gardening, Gardening and Dacha Non-Profit Associations of Citizens,” uses the phrase “dacha farming.”

Some experts consider the expression “dacha farming” to be more successful than “dacha construction”, as it emphasizes the primacy of the land plot and the secondary nature of the house built on it. In addition, the concept of “economy” is more comprehensive than “construction” and includes it as a special case.

Their opponents point out the obviousness that dacha construction (or dacha farming ─ as one prefers) as a type 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 eliminating any legal differences between them. Therefore, they consider the main thing in the symbiosis of land and house that forms the concept of “dacha” to be home. 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 a partnership can be created not only by owners of premises in apartment buildings and owners of individual residential buildings built on individual housing construction lands, but also, subject to a number of conditions, by owners of “dacha” houses.

It must be said that the possibility provided by law construction of residential buildings on dacha land plots given the existing “fuzzy” criteria for vesting the owners of these plots with such a right and the vagueness of the terminology (“residential building”, “residential building”), they are fraught with abuses leading to the practical legitimization of not always legally justified housing construction on agricultural lands.

House and cottage

The reasons for calling a house a dacha can be different. As a rule, the main reason for this is the seasonality of residence. A dacha is traditionally called the second suburban housing after a city apartment, intended primarily for use in the warm season. Although today, when for a significant part of townspeople the role of a dacha is played by a full-fledged individual residential building, which is equally comfortable both in summer and in winter, and registering residence in it, unlike dacha “residential buildings,” is not a problem, such an argument does not look flawless.

Many city dwellers consciously choose country life in the format of a house and a dacha in “one bottle”, not wanting to rank their homes ─ No. 1 (main) and No. 2 (dacha), and assigning the “first number”, seemingly doomed to be forever second, dacha.

It must be said that the opportunity to have two homes was not always legal. The Civil Code of the RSFSR of 1922 prohibited 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 of land.

What a dacha plot of land is is explained in the Federal Law “On horticultural, gardening and dacha non-profit associations of citizens.” In this document, it is defined as a plot of land provided to a citizen or acquired by him for recreational purposes and “endowing” him with 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, economic buildings and structures. Secondly, the right to grow fruit, berries, vegetables, melons or other agricultural crops and potatoes.