LPH – what is it, the size of the land, the purpose of the activity and the necessary permits

The content of the article

• What is LPH
• Appointment of LPH
• Advantages and disadvantages
• Private Farming Act
• What is the difference between IZHS and LPH
• How to make out
• Construction on the site

Private household farming is a term that defines the legal form of activity and private property at the same time. Entering into relations with state bodies in any sphere of production, it is necessary to clearly know your rights and obligations. It is worth exploring all the nuances of the legislative framework, the pros and cons of owning a site for managing private plots.

What is LPH

The activities of citizens together with members of their families in the production and processing of agricultural products on the allotted land received the name of personal subsidiary plots (LPH). This concept is enshrined in the Federal Law “On personal subsidiary plots” No. 112-FZ of 07.07. 2003. LPH land can be bought or rented by issuing relevant documents. The maximum size of such land allotment by law should be no more than 0.5 hectares.

LPH plot is a land allotment within a settlement or beyond its borders, the permissible size of which is determined by the local government depending on:

• the area of ​​unused land suitable for farming, within the given area;
• level of their demand.

Land plots for conducting personal subsidiary plots owned by state and municipal property are allocated to citizens in accordance with Articles 9-11 of the “Land Code of the Russian Federation” dated October 25, 2001 No. 136-ФЗ. For questions on their acquisition and preparation of relevant documents, you must contact the administration of the regional department of the local government.

Appointment of LPH

The state allocates land to private citizens for non-productive activities, which means:

• Wage labor is not used. All work is performed only by family members..
• The main task is not to generate income. The goal is to obtain agricultural products and processed products for personal needs.

Agricultural lands are territories with fertile soils that are not intended for development. If a land allot is allocated to a family from this category, then the construction of a residential building and other capital buildings on it is prohibited. Such land allotment is intended exclusively for agricultural production. On field plots it is allowed to erect temporary structures without a foundation.

Members of the personal subsidiary plots can choose for themselves any type of agricultural activity:

• livestock:

1. cattle breeding;
2. poultry farming;
3. beekeeping;
4. rabbit breeding, etc..

• plant growing:

1. gardening;
2. growing decorative flowers;
3. melon breeding;
4. viticulture and others.

A citizen may own several plots of land under private partnership. Their total area should not exceed established by law. Local authorities have the right to increase the area of ​​allotments for personal subsidiary plots up to 2.5 hectares. Processing of agricultural products is another area of ​​activity for private owners.

Surplus products resulting from the management of the subsidiary farm can be sold. This does not require a patent and a cash register. The proceeds are not taxable. The law does not provide for the registration of the activities of a personal subsidiary farm as an individual or legal entity, because it is not considered an enterprise.

Advantages and disadvantages

Before acquiring private household plots, it is worth analyzing all the pros and cons, correlating them with the desires and abilities of the family. Maintaining a private household has:

It must be understood that when conducting a private subsidiary plots, the owner or tenant will have to comply with sanitary and fire regulations, town planning regulations and other requirements of the municipality for the maintenance and operation of the land plot. If a building with a foundation is built on a site located outside the settlement, it will be demolished by decision of a special commission. The owner who committed the offense will be fined for misuse of land.

Private Farming Act

The federal law “On personal subsidiary plots” regulates the legal relations between persons conducting the household and state bodies. Articles 2 and 4 of this law define the concept of private partnership and the conditions for its maintenance. In terms of meaning, they are intertwined with article 217 (paragraph 13) of the Tax Code of the Russian Federation, which states that for exemption from taxation of income, the owner of a private household plot must provide a certificate from a local government.

In this certificate, the fact of conducting a subsidiary farm and its size must be confirmed. This document is a confirmation that all agricultural products produced are privately owned. In order to successfully work for the benefit of the family, it is advisable to study the decisions of the regional department of the local government regarding the management of private farms in this territory.

Other articles of the law state:

What is the difference between IZHS and LPH

Explanation of the abbreviation IZHS – land acquired for individual housing construction. Before deciding to purchase a land plot, you need to figure out which acquisition option is more suitable:

How to make out

The document of ownership of the land is necessary for the owner when selling or exchanging for an apartment. To obtain and register land allotment as a personal subsidiary plots, it is necessary to act as follows:

• For an informed choice, study information regarding private household plots:

1. Laws, normative legal acts (state and regional), regulating the relationship between authorities and land owner.
2. Land selection criteria.
3. Economic aspects of personal management (taxation, types of subsidies, etc.).

• Get advice from a competent specialist in your local administration about:

1. Possible land area.
2. Her whereabouts.
3. Availability of utilities.
4. Local government support program.
5. Procedure, deadlines, etc..

• Make an application, submit it to the administration of the local government. In addition to personal data, it must be indicated in it:

1. The basis for the acquisition.
2. The method of obtaining the allotment (in property or for rent). The right to privatize the allotted land will come after 3 years of lease.
3. Desired land area.

• Provide an extract from the household book. It is issued by the local government to the owner or his representative on copies of the power of attorney and the passport of the agent.
• In a special design organization, it is necessary to obtain a passport (scheme) of the allocated land allotment.
• The technical passport of the site with the necessary package of documents is handed over to the local administration for approval of the boundaries of the land allotment. The head of the municipality, by its decision, should fix the right to transfer property to the applicant.
• The collected package of necessary documents is transferred to the cadastral chamber for securing the appropriate number for the land allotment and drawing up a plan.
• Documents issued by the cadastral chamber are handed over to the local government for the final confirmation of ownership of land.
• After making sure that in the documents confirming the right of ownership, there is a note that the site was purchased for private household plots, it is necessary to register it in the regional registration chamber.

Construction on the site

It must be remembered that capital structures on the LPH site are allowed to be built only on lands that belong to the category of settlements. Prior to the expiration of the “summer amnesty” term (March 1, 2019), only a documented title to the land plot with an indication of its purpose is required for registering the built house – maintaining a personal subsidiary farm.

In order to avoid unpleasant situations in the future, it is better to obtain a building permit. Penalties for construction without permission are 2-5 thousand rubles and may be imposed repeatedly. The permit is issued by the local government within 10 days after the submission of the necessary documentation. The following must be submitted to the architectural department of the municipality:

• Owner’s statement.
• Land title document.
• Urban plan of the site. The administration of the executive committee gives it free of charge at the request of the owner of the land within 30 days from the date of application.
• Scheme of the planning organization of the site on which the construction object is indicated. It is carried out by the builder.

At the end of development, it is necessary to legalize a residential building and utility rooms. To get a certificate of ownership, you need to collect a package of documents and submit it to the Federal Registration Service:

• application of the owner of the land in a standard form, provide a passport;
• title deed to land or lease;
• building permit (not required until March 1, 2019);
• housing project;
• commissioning certificate;
• state duty receipt.

Only family members of the owner can register in the constructed housing, provided that the building meets the standards of an individual residential building:

• contains no more than 3 floors;
• area no more than 1,5 thousand square meters.

There is the possibility of increasing the area of ​​LPH. This process is called redistribution of land. It is possible if the area of ​​the formed plot of land does not exceed the maximum allowable size of LPH in this region. Moreover, the new section should not:

• include parts of the land that belong to another category;
• go beyond the boundaries of the village;
• enter the common area;
• touch boundaries.

Sometimes it is worth changing the purpose of the allotted land, which is owned. Such a need may arise if the owner of the land plot decides to build a capital house on it. For example, the owner of the land for horticulture, before starting the construction of the building, must change the status of his plot to “authorized use for personal subsidiary plots”. Similarly (under favorable conditions), it is possible to change the status of the LPH plot to industrial land.

The Town Planning Code of the Russian Federation regulates the requirements for the procedure for approving land use and development rules in the territories of local self-government bodies. Based on these rules, the following procedure is proposed for changing the status of the land allotment:

• The landowner submits an application for changing land use and development rules to the local administration.
• The relevant commission issues its opinion on this issue..
• It is coordinated by the head of the municipality.
• They hold public hearings on this issue in the presence of owners of neighboring land and real estate..
• The relevant local government approves the announced change.
• The changed status of the land register in the State Cadastre and the Unified State Register.