Agricultural land permitted uses which will be discussed later, are one of the categories established in the LC. These territories are located outside the settlements. 
Features
Agricultural land can be used for the production and processing of products, farming and so on. Accordingly, related facilities, utilities serving them, warehouses, etc. can be located on them. The possibility of building structures or a complete ban on this, as well as the specific direction of activity of the entities, determine the types of permitted use of agricultural land. Let's consider them in more detail.
Classifier of types of permitted use of agricultural land
The regulatory acts define the categories of territories intended for:
- Doing LPH.
- The implementation of production activities. These include hayfields, arable lands, areas under perennial plantations, pastures, vineyards, orchards, etc.
- Conducting a farm (peasant) economy.
- Country construction. These include plots that are provided to citizens or purchased by them for a holiday with the right to build a house and register in it, as well as utility buildings with the ability to grow berry, fruit, vegetable, melon and other crops, potatoes.
- Doing gardening. This includes areas that are provided to citizens or purchased by them for the cultivation of cultivated plants, potatoes, as well as for recreation with the ability to erect a residential building, but without the right to register in it.
- Livestock farming.
- Grazing and haying.
- Doing gardening.
- Creation of protective green spaces.
- Beekeeping.
- Scientific research, training and other activities related to agricultural production.
- Doing fishing.
This is not a complete list of areas in which agricultural land can be exploited. The types of permitted use are established for specially protected areas.
Land
Permitted use of agricultural land is established for particularly valuable areas. These include land, the value of which, according to the cadastral estimate, is higher than the average prevailing in a particular area by 10%. The same category includes sections of pilot production and research divisions and organizations of secondary and higher special education, as well as state variety testing territories.
Permitted use of land with destination is provided for artificially irrigated and drained lands with stationary and open systems.
Building
As mentioned above, for the construction of residential buildings, in addition to other territories, agricultural land can be allocated. The types of permitted use established in the LC provide for construction subject to the provisions urban planning regulations. In addition, the construction of structures must comply with sanitary, environmental, fire and other rules and regulations.
Agricultural lands: types of permitted use of SNT / DNP
There are certain differences between these categories. First of all, the different values of agricultural land should be noted.The types of permitted use are essential in determining it. Land for non-profit partnership have a lower cadastral value. This is due to the fact that they are less fertile than agricultural land intended for horticulture. The types of permitted use are relevant for the implementation of registration of residence. Land plots nonprofit partnership usually purchased for the construction of a small house in size and the creation of an adjacent garden. In accordance with the new legislation, their placement within the settlements is allowed. This almost equated agricultural land (types of permitted use of DNP and IZHS). Non-profit partnership garden plots are located, as a rule, in ecologically clean and beautiful areas. Convenient entrances are organized to them.
Advantages of suburban areas
As mentioned above, the types of permitted use of agricultural land affect the cadastral value. Often, a summer residence partnership is the best option for acquiring a plot. When you purchase it from a citizen, guaranteed membership appears. Accordingly, he has the right to participate in meetings, make decisions on current issues.
Permitted use of agricultural land implies the possibility of registration of residence. If a summer residence partnership is located within a settlement, then registering in a house built on such a site will be easier than in a gardening partnership. An undoubted advantage is the absence of the need to conduct a mandatory technical examination of the building and recognize it as residential.
Disadvantages and limitations
The types of permitted use of agricultural land, such as a garden partnership and a summer house partnership, are intended for different purposes. The latter, in particular, involves, first of all, growing crops, organizing a garden. Residential buildings can be built on plots having the indicated types of permitted use of agricultural land. However, in the case of a summer residence partnership, to build a house for permanent residence in it will be problematic. Road sections and utilities are not foreseen for the sections of DNP. Laying water, gas pipelines, as well as electrical networks are engaged in specialized organizations. However, their services are quite expensive. Despite the fact that the Constitutional Court recognized the right of land owners to register their residence, in practice this process is quite complicated and takes a lot of time. Construction of polyclinics, kindergartens and other public institutions is not provided for on such lands.
The pros and cons of gardening partnerships
SNT lands are cheaper than land plots for individual housing construction. However, it is not necessary to erect a residential building on them. Sites are usually located outside the city. They can be used exclusively for growing cultivated plants.
Among the shortcomings, it is worth noting the difficulty of registering residence, despite the recognition of this possibility by the Constitutional Court. Regardless of which house will be built on the site, it will be considered and pass through all documents as a country house.
Important allotment information
It must be said that the difference between SNT and DNP cannot always be established even by lawyers. The fact is that these categories have much in common, a number of similar advantages and disadvantages. It should also be noted that if the owner wants to carry electricity into the house, it is necessary to obtain the consent of all members of the partnership or partnership. If a citizen who has submitted documents for registration in the house is denied, he needs to conduct an examination to obtain an act recognizing the building as residential and in accordance with established standards. After that, you will have to go to court.If you compare all the advantages and disadvantages of SNT and DNP, it is more profitable to purchase a plot in a summer residence partnership. The main disadvantage here is the difficulty in registering at the place of residence. However, this problem is solved with some persistence.
Specificity of application of standards
Currently, there is an increasing need to change the existing use of allotments. This is due, primarily, to the fact that the operation of sites for cottage (cottage) construction is more attractive in economic terms. The procedure in accordance with which the type of permitted use of agricultural land will be changed will largely depend on whether development rules are approved on the territory of the okrug within which the allotment is located.
If this does not happen, then the general provisions apply. In accordance with them, the type of use of the allotment, which belongs to the category of especially valuable, cannot be changed. Definition criteria should be established by regions independently. After the adoption of the rules for the respective territories, 2 zones are established. One of them is intended for land. These include arable land, pastures, hayfields, vineyards, etc. Within the second zone are agricultural facilities intended for farming, gardening and cottage including, as well as private farming.
findings
Legal regulation of land use, including questions on changing their type, will be carried out by separate regulatory acts. From the moment the rules are approved and until the adoption of these documents, it will be impossible to transfer the site to another category. This means that a strict legal regime will operate within this time period. As regards plots assigned to the second zone, general rules should be applied to change the type of use. In turn, this means that the procedure can be carried out by the copyright holder without additional approval. It should be borne in mind that changing the species is possible only if the site will be owned by the proper subject. It can be either a citizen or a non-profit association. A commercial enterprise will not be able to change the type of use of the allotment "for summer cottage construction" even if it is assigned to one of the main categories.
Expert Advice
For owners of plots for agricultural production who want to change the type of use, there is a dilemma today. It is associated with the selection of an appropriate period for this procedure. If the allotment according to the rules should relate to the lands, then the change must be carried out before they are approved. If the site is not included in this category, then it is more advisable for the owners to wait for the adoption of the relevant regulatory act.
However, at the same time, the owners should understand that a situation may arise in which, in accordance with the rules, the site will be classified as a land with all the consequences that follow from this. Due to the fact that there are no real guarantees to prevent this, rightholders should be proactive and participate in the development of a normative act, as well as general plans of settlements and districts within which there are plots.
Conclusion
As practice shows, in general, there are no difficulties with the use of agricultural land. Problems only appear in certain cases. In particular, difficulties arise with the registration of residence in houses built in SNT or DNP. During this procedure, it is likely that you will have to go to court. Problems can arise and, if necessary, change the type of use of the site. In such cases, it is advisable to consult a qualified lawyer.
