Manual RBC: how to become the owner of the hectare in the far East

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Photo: Valery sharifulin/TASS

February 1, 2017, any citizen of Russia can engage in the development of the Far East, getting there is up to 1 hectare of land. In limited mode, the program has been in place since June of 2016, received more than 36 thousand applications. What you need to know about the “far hectare” — understood RBC

The law on “far hectare” entered into force on 2 may 2016, it provides for the allocation of free land in far East Federal district (DVFO) among the citizens of Russia. The programme of allocation of land was divided into three stages. The first from 1 June 2016 on a free site could qualify residents of nine districts of the far Eastern Federal district with a limited choice of sites in the region.

In the autumn, on 1 October, the program has expanded to all the inhabitants of the far East with a corresponding extension of territory to choose from. According to the Agency for the development of human capital in the far East during this period (data for 26 January 2016), there were more than 36 thousand applications, 4.8 thousand of claimants have received land (more than 4 thousand hectares of the total area of the development). Just under the program is allocated approximately 140 million hectares, or 1.4 million square kilometres (the area of the district is 6.2 million square kilometers, or 36,08% of the territory of Russia). More than half of the participants, or 55% of those identified with the use of land, planning to build on sites the objects of individual housing construction, to plant gardens or plots of land. RBC talked with the participants and find out what other projects they plan to develop on their hectares.

The most important for recipients hectares are issues related to the provision of communications received on the land, according to a survey by the Agency about measures of support — they care about more than 70% of respondents. In addition, a number of important issues included government financial support for the development of new lands (over 55%) and creating conditions for doing business.

How to get a hectare?

Ways to choose a hectare and apply it several. You can register and get access to the online map site on a dedicated resource nadalnews.RF (this describes all the details of the process) or the website of the Federal service for state registration, cadastre and cartography (Rosreestr). From 1 February with the selection and design will help and 12 thousand MFTS throughout the country. After selecting the plot application can be sent online, by mail, on paper or to apply in person. The statement in addition to the personal data specified cadastral number of the selected area (with the exception of the case when the land will have to form).

How long will be giving away acres?

To send the application for the site until January 1, 2035, the transfer of land in ownership or lease will be until 1 January 2040.

How many hectares can you get?

Land area up to 1 hectare (10K sqm) is issued to the citizen of Russia (as well as person with dual citizenship) once. “Crush” on a few hectares of small plots is impossible. If developed by the applicant, the project envisages, on the contrary, a large area, the application may be collective, but to include no more than ten people and also the rate of not more than 1 hectare per person (the parcel is in common use). “Ha” can apply and minor children: a statement on behalf of the child signs his / her legal representative (parent or guardian). Hectare received by the person during the marriage will belong only to him: the regime of joint ownership of such land will not be distributed.

If one section has submitted several statements, who gets the land?

If one section has submitted several statements, the priority goes to the first applications received, regardless of how it was served: in person, by mail or through specialized online platforms.

How long can you own land and then what?

The plot is based on the agreement of free use for five years and can be inherited. After the end of this period can be two options: it is made in property or transmitted in the long term. With the exception of forest lands: their only or rent for up to 49 years, or redeem only a ten year lease, you change the category of land. The transition property is free. You will have to pay if the application was collective, and at the expiration of five years who some of the participants decided to leave. In this case, the entire area is recalculated for the remaining number of participants and all the “extra” (exceeding the standard of 1 hectare per person) redeemable for 15% of its cadastral value. If after the first five years the owner decided to rent it, the rate should be no higher than the land tax calculated for this site.

During the first five years of ownership to use the land as a separate asset will not work: it is impossible to sublease, to pledge to the Bank, transfer of property as a share contribution to the cooperative or to use any other form of encumbrance.

But after the transfer of land ownership there are a number of limitations: it can not sell, lease or uncompensated use to a foreign state, citizen and legal entities with foreign capital.

According to the VTsIOM poll was commissioned by the Ministry in 2015, every fifth inhabitant of the country allowed for participation in the program and subsequent relocation to the far East. Most likely to explore new regions were ready Russians aged 18-24 years. In December 2016, the Minister for Far East development Alexander Galushka said data on the number of applicants. According to his information (citing a VTsIOM poll), more than 60% of citizens support this initiative and 14% of Russians are ready to consider the prospect of obtaining hectare and resettlement to the far East. “And 14% of the total number of citizens of the Russian Federation (145 million) times more than now living in the far East (6.2 million people),” — said the Minister. Only in Primorye, according to the calculation by the acting Director of the Department of land and property relations of the Krai Ilya Terekhov, awaiting receipt of more than 800 thousand applications from all over Russia. “We plan to take up to 21 thousand applications per month, for 990 a day,” he said.

Where can you get the land and what it can do?

The final boundaries of the areas where it is impossible to hectares, determine the region in coordination with the Ministry. Just do not give out the acres, particularly if they are located close to human settlements (closer than 10 km from the point, with a population of 50 thousand residents and 20 km with a population of over 300 thousand; it starts from the border of the village), get on common areas, areas with special conditions of use, hunting grounds, areas of cultural heritage, etc. Under the special protection were areas near water bodies in close proximity to water body land take will not work. Territory, following a 20-metre common areas are protected zones. They can be considered as “far acres,” but they set the special regime of implementation of economic and other activities. But if town-planning regulations in this area can only deal with the landscaping, build a house on this site will not work.

To use the new method enables us for doing any activity “not prohibited by Federal law”, except in cases where the implementation of selected activities, you must obtain special permits, licenses, certificates, admissions, registration as individual entrepreneur, etc. the applicant has a year from the date of receipt of the site to determine the format of its use. The first report on the claimed utilization of the actual owner of the site will have to provide three years later.

If you have already obtained the plot “didn’t work” (not satisfied with the climate, soil, didn’t have the money to implement), to exchange it is no longer possible, as well as reapply.

Who is responsible for the infrastructure and communications around the plots?

All the costs of connecting to networks and infrastructure remain on the applicants. Mandatory state support for construction of utility, transport and social infrastructures provided only if 20 or more people received adjacent or located “compact” areas within the boundaries of the village or at a distance of not more than 20 kilometers from the settlement.

Why the earth can take?

During the whole time of the contract, the land can be withdrawn. For example, if it is an established fact of transfer of land possession and/or use “to a foreign state or citizen” and “legal entity with a share of foreign capital in the authorized Fund of international organization”. To lose the land and upon the termination of the Russian citizenship. The agreement can be terminated judicially in the presence of violations of the forest legislation, or improper use of the site. In addition, rights to land through the courts can declare and its former owners: the law provides that they have six months to file a claim for the return of land from the time when “the person knew or should have known about the provision of land for free use”.

Do I have to pay taxes for the land?

According to the Tax code the taxpayer shall be deemed natural persons owning land on the basis of the right of free use. Thus, during the first five years of ownership, and if you continue to be renegotiated the lease, land tax to pay.

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