Land law. IZHS and LPH: what's the difference. IZHS and LPH - what is it?

Anyone who in one way or another was associated with the purchase or sale of suburban areas, had to deal with mysterious abbreviations like IZHS and LPH or SNT, which, in fact, denote the status of the land. But what exactly is meant by them, and what is the difference between IZHS and LPH? IZhS is an individual housing construction, and LPH is a personal part-time farm.

Land categories

All the lands of Russia belong to different categories. These can be lands of settlements, industrial lands belonging to the Goslesfund, agricultural significance, as well as land of the water protection zone. On the first category and agricultural lands (and only on them) you can build houses. At the same time, the land of settlements within settlements has differences in the permitted uses. There are particularities in LPH and IZhS - what is the difference, we will discuss below, there are agricultural land, which are divided into DNP (country non-profit partnership), SNT (garden non-profit partnership) or again LPH. Officially IZHS and LPH can be built, but on the agricultural land (LPH) without permission any construction is prohibited, and the erection of the house without permission is fraught with its rapid demolition (they must be dismantled if there is no permit). In a word, officially on the ground for IZHS and LPH can be built, but with certain restrictions.

Individual housing construction

On the land intended for IZhS, it is allowed to build private houses (separately standing), the number of floors of which should not exceed three, and this house should be designed for a single family residence in it. This is the difference between LPH and IZHS.

Registration, medicine and mail services

For particularly zealous and able to count the money owners are not superfluous will be information that after investing money in the PLO for the construction can get a tax deduction in accordance with Russian laws. In the built house you can get a residence permit, and, accordingly, medical care, police and state mail services. Among the disadvantages of the PLS is the restriction on the size of the land plot, and there is also the need to coordinate the project with all the authorities, since the rules of GOST and SNiP are fully applied to the construction. But here's the difference: IZHS and LPH - this is the land on which you can build a house, but to the owner of a personal part-time farm will not be very strict niggle about the approvals on the issues of development. It should be remembered that, according to the law, if within 3 years the site that is allocated for construction is not built up, it can be confiscated from the owner.

Standards for IZHS

What is IZHS and LPH in the context of legislation? The owner, who acquired the land plot for IZhS, should be guided by the standards prescribed in SNiP 30-102-99 "Planning and building of the low-rise housing construction territory". On these lands it is possible to erect low-rise buildings and cottages, subsidiary structures - sheds, garages, baths, greenhouses. It is necessary to take into account the presence of the conventional boundary - the red line, which is the limit of the building site. At the same time, all necessary engineering communications (water, electricity) should provide the owner of the site with local management. According to the above SNiPu, a private house intended for living should be located at a distance of at least five meters from the street border (meaning the main street) and at least three meters from the "red line" of travel.

Now we will discuss one more important factor concerning the land of LPH and IZhS: what is the difference in terms of fire regulations? To the neighbor's site should not be less than three meters, and between the windows of neighboring areas should be a distance of more than six meters. The distance between the buildings of the neighbors should lie in the range of six to fifteen meters.

Private part-time farm - LPH

Any lawyer on the issue of LPH and IZhS, what's the difference, immediately hasten to report that personal part-time farms today belong to an outdated category, and today they can not be bought in the village allocated for the construction of cottages. These lands can be purchased directly from the owners, while they can be located both in the settlement and on the field. It should be remembered that the process of registering a subsidiary plot of a private plots of land can be difficult, nevertheless this land plot can be used by the owner for the production of agricultural products, that is, the owner has the opportunity to grow agricultural crops. If this land allotment occupies an area within the settlements, the landlord can build a dwelling house on it if there are approvals of all types (fire regulations, sanitary and hygienic requirements).

On the site outside the settlements, the construction of the building is prohibited by the legislation of the Russian Federation. The owner of the private household of IZHS or LPH (what is the difference, not important) takes all decisions independently, while a resident of SNT depends on the general meeting, on the conditions and decisions of the partnership, since this member is a member of gardening. Land LPH can be formalized in the ownership, but the issue of building a house on the site is governed by decisions of the local administration, which can prohibit the erection of buildings. In accordance with Federal Law 112 (art. 4, para. 2), land plots of private plots must first of all be used for cultivation and processing of agricultural products, and only then for the construction of buildings. For the use of land allotment for the owner, the owner faces either a fine or the deprivation of this property right up to its sale at the auction.

Settlement and farmland

Differences IZhS from LPH in the settlement basically consist in the fact that if the owner decides to build a house and place a residence permit on the plot of the private smallholdings, he will have to do it in court with a certain evidentiary base, whereas the owner of the IZhS has the opportunity to register in the constructed house without Restrictions. In the settlement, the owner has the opportunity to transfer the status of the land from LPH to IZHS. And they can build houses. The agricultural lands falling under the jurisdiction of the Land Code of the Russian Federation (Article 77) should mainly be used for growing crops and gardening, and if they are intended for construction, then with certain reservations.

Taxes - feel the difference

What is the difference - IZHS and LPH and sections of the DNP or SNT in terms of taxation? Tax charges IZHS and summer non-profit partnerships are formed based on the cadastral value and the tax rate (IZHS tax rate is higher), respectively, the owner of IZHS will pay more to the treasury. But the owner of DNP or SNT can build the house itself, without any coordination.

Correct the written

Suppose you wanted to build a house on the land of the LPH. To do this, it is necessary to change the purpose of the site, that is, to transfer the agricultural land to another status, and this is regulated by the Land Code (Article 79) and Federal Law No. 172-FZ on December 21, 2004. The decision to transfer land from one status to another is adopted by the head District administration. To re-form the land, an extensive package of documents is required, which includes the justification for the transition from one status to another, documents describing the location of the land plot, its value, as well as the conclusions of state bodies.

Upon the submission of documents, all necessary payments must be made. This applies to both utility payments and arrears for the withdrawal of land from agricultural rotation. The procedure procedure will not show us the difference, IHD and LPH are transferred to another status at the same time - from six months to one year, and the procedure algorithm is the same for both types of land plots.

Businessmen to note

Many businessmen who have a desire to open industrial production on their sites are asked questions: if there is land for private household plots and IZhS, what is the difference in terms of re-registration, because production can not be organized simply on agricultural land? If you need to change the status of the land allotment, it does not matter which abbreviation your site has. The lion's share of the success of this event will depend on the quality and value of the land under consideration.

If the land is of high importance in terms of agricultural work (fertile) and its cadastral valuation is high, then on such a site, most likely, it will not be allowed to build an industrial facility. If the site is estimated by the cadastre at 30% less than the level average for the area, then the owner has a better chance of replacing its designated purpose. On such lands, construction of industrial facilities - roads, pipelines and the like is allowed.