Rural tourism is becoming popular in Russia. However, there is a big problem that tourists cannot be accommodated in agricultural lands. How can we get out of this situation and what is wrong with the farmer’s household law
Travelers can enjoy visiting farms and the countryside to experience village customs, see how crops are grown, harvested and processed, care for livestock, and buy eco-products. Tourists are offered excursions, tastings, master classes, photo sessions with animals, etc.
Agriturismo is a young but good trend. The publication “Own Outside the City” notes the growing interest in rural tourism. By 2023, glamping holidays on a farm will grow by 70%, and visits to wineries by 40%. According to forecasts, in the next 3 years the number of rural tourists will reach 7 million people every year. The additional income of farmers from rural tourism amounts to 250 billion rubles in the same period. This is 5% of the total income of the farmers’ fields.
The state is interested in the development of agritourism. The authorities expect that it will attract attention to the village, help farmers sell their products, and be a driver for industrial development. It will be a tool for returning agricultural land to circulation and strengthening food security. Due to the unstable situation in the world, the latter is one of the priority areas of domestic policy.
Another reason for the popularity of agrotourism is the interest in traditional Russian culture. The demand for ecotourism is growing – people are becoming more environmentally conscious and friendly. Also, a general trend in travel today is to pay more attention to the gastronomic component. Rural tourism is often associated with tasting farm products and wine (enotourism).
All this is great, but there are many disadvantages of “fat”. Agritourism is a young area, so the law related to it is still “raw”.
According to the law, a farm claiming to be an agritourism facility must have the status of an agricultural producer, conduct 70% of the target activities, and the income from receiving and organizing the recreational activities for tourists do not exceed 30%. The motives of the authorities are understandable, but for farmers it is a problem. Usually they have to deliberately reduce the flow of tourists so as not to damage this balance and not lose state support, not lose benefits, and use the land.
The biggest loophole in the law is that hotels, motels, and glamping sites cannot be located on agricultural land. Adopted on June 22, 2024 law, where agricultural producers can provide accommodation services for tourists in residential guest houses of farmers. The representatives of the trade union community were really looking forward to the document, but in reality it turned out to be “bad”. Some regions ban it altogether. Because of this, the problem of accommodating tourists remains.
To accommodate visitors, agritourism facilities usually use classic capital hotels, glampings and, from July 1, 2024, farmer’s residential buildings. Each of these buildings has different conditions.
Categories of land
All land in the Russian Federation is divided into 7 categories. Hotels may be located on lands classified as residential areas. For campsites and recreation centers you can use:
- land in populated areas;
- land in specially protected areas and objects;
- forest fund land.
Types of permitted use
The following types of permitted use (APU) for above-ground categories are appropriate for different types of hotels.
- Hotels in the classical sense are allowed to be built on plots of the category “Land in populated area” with the type of permitted use “Hotel services” – code 4.7.
- VRI “Tourist services” includes the placement of boarding houses, hotels, campsites, holiday homes that do not provide treatment services, children’s camps – code 5.2.1. This species can be found in the lands of populated areas and in forest lands. Suitable for capital and non-capital hotels.
- For the construction of roadside motels, shops, buildings for public catering, VRI “Providing Roadside Recreation” – code 4.9.1.2 is suitable as road service facilities.
- “Recreation”, code 5.0 – arrangement of places for sports, physical training, hiking or horseback riding, recreation and tourism, nature observation, picnic, hunting, fishing and other activities, manufacturing and care of the city’s forests, squares, ponds, lakes, reservoirs, beaches, as well as the arrangement of its recreational areas. Codes 5.1 – 5.5, as a rule, on forest lands and agricultural lands are suitable for the construction of non-capital facilities.
The project concept, land category and VRI should fit into a puzzle. However, there is one more piece to this puzzle – agricultural activities can only be carried out on agricultural lands. What are the trade-off options if you want to own a farm and host tourists on it?
1. A win-win option is to choose sites with the appropriate category and VRI nearby. For example, put tourists in a hotel built on the lands of a settlement and organize field trips. Pros: there are communications, internet, roads.
2. Accommodating tourists in the farmer’s house. It can be built on agricultural land, but following the rules:
- the house must have no more than 3 floors;
- its area does not exceed 500 sq. m;
- the construction area under the house does not exceed 0.25% of the total area;
- It is allowed to build a house for a farm.
The bad news: many regions prohibit the construction of a farmer’s house, for example in Leningrad, Moscow, Samara, Tula regions, etc.
3. Change the category and/or VRI of those suitable for the construction of tourist accommodation facilities. Only the owner can do this. If the site is leased from the state, it is not possible to change the category and VRI. In general, the method is not the easiest, but if you want to work for a long time and “white”, it is the most reliable.
Type of permitted use
Changing VRI from one “main” to another “main” is the simplest method – just write an MFC application. The service duration is 7 days. Failures are not possible here.
The change of the type of permitted use from “basic” to “conditionally permitted” can only be done through the procedure of public hearings. The time depends on the actions of the administration is not always accurately predicted. Denials are also a rare case for such an approach.
Territorial zone
This is a longer process that requires changes to the Land Use and Development Rules (LRU). The application was submitted to the authorized agency of the territorial government, where, based on the results of the commission meeting, a draft amendment to the PPL was prepared. Next, public hearings will be held, and based on their results, the project will be finalized or adopted in its original form. After the PZZ changes, the territorial zone where the site is located changes. Next comes an application to change the VRI as needed. Refusals happen, but you can work with them: correct the reasons for the refusal or appeal to the court.
Land category
The longest and most difficult process. Based on its results, changes are made to the General Plan. Not in all cases it is possible to change the category. The change must be reasonable and there are necessary requirements for it – which you need to convince the authorities. Example of justification: the agricultural land is no longer usable, because the fertility of the soil has decreased, and the site is located next to a populated area. Such a site can be transferred to the category “Land in residential areas”.
Denials are a common condition for applications to change categories. As a rule, they are associated with insufficient justification. To reduce the possibility of refusal, you can provide the authorized body with expert reports, expert opinions about the feasibility of changing the category of land and other evidence that the site after the change of category will be can be used more productively than at present.
The transfer of land to another category for the construction of hotels is suitable for entrepreneurs who already have a business and have a reserve of time. You must seriously think and weigh the risks. The state is now fighting for every piece of agricultural land, you are likely to receive a refusal and just waste your time.
To organize tourist residential areas, capital and non-capital, it is better to use “quick” methods – changing the main and permitted conditions VRI. It makes sense to allocate a small part of the site for the tourism business and modify the VRI specifically for this.
Information has recently appeared in the professional community that in the fall a law will be introduced for the consideration of the possibility of building glampings on agricultural land, but currently there is no official confirmation of this information.
To accurately understand if it is possible to place on a specific plot of land whatever Things, including for accommodating tourists, should be ordered on the Gosuslugi portal, a city planning plan for a land (GPZU) and carefully study the regulations of urban planning Rules for Development and Land Use. These two actions will help you to know your capabilities on a specific site, understand which areas of the site you cannot do because of possible restrictions, where you can change the VRI of the existing one type of permitted use, and will not make further mistakes. strategic planning and not being fined.