In autumn 2001 the Federation Council approved a new Land Code, several chapters of which were entirely devoted to the classification of land and its associated land-use features. Among others, the land allocated Agricultural land, land settlement, land, forest and water resources. A major shortcoming of the new Code has no mechanism to change the category of land, which appeared only in early 2005, with entry into force of the Federal Law 'On the transfer of land or land plots from one category to another. " For what may be necessary to change the destination of a plot? Recently active growing areas of suburban real estate, in particular, it is typical for Moscow and St. Petersburg. For example, experiencing a boom in construction of villa communities near St. Petersburg.
The difficulty lies in the fact that suitable plots in the Leningrad region often are farmland. According to the current legislation, building without transfer of agricultural land in the category of land settlement is impossible. Another reason is that the sale of land outside the city can bring great profit to the owner if he will take care of in advance of his transfer from the category of agricultural lands. It is connected directly to two factors. First, it will automatically increase the value of land, and, secondly, there is a lot more people who want to buy the land.
However, the process of change in status is quite time consuming. Under the law, change in category of land carried out on the basis of a petition filed by an interested person to the appropriate state or municipal authority. The petition must contain a description of the land, including its inventory number, reasons for changing its status, as well as the nature of the rights of the person concerned at this site. In addition, the petition included a number of documents, which vary from category of land, as well as the requirements of the authorized application to the executive authority. An application is considered for three months at the federal level and no more than two at the regional and municipal level. Upon consideration of a mandatory decision must be made to transfer the land to another category, or refusal to change its category. It is worth noting that the reason for failure may serve as the restriction or ban on changing the status of land in this category. In addition, the 'veto' may be imposed under the state environmental expertise, if it conducting necessary, and if the use of the land in accordance with the stated in the application category is contrary to existing territorial planning documents. Returning to the question of change the category of agricultural land, it should be noted that the reasons for the transfer of agricultural lands into other categories, in particular, is the creation of protected areas, their inclusion in the timber or the water fund, changing the boundaries of human settlements and the construction of infrastructure such as roads or pipelines. In conclusion, it is necessary noted that the procedure of changing the category of agricultural lands can be greatly simplified if the recourse to a real estate agency.