Very often when buying a property orthe desire to build something on the site citizens are faced with such a concept as the type of permitted use of the land. Many even often confuse it with categories of land, which is fundamentally wrong. We will try to figure out what kinds of land use can be used, what is the misuse of land and how to transfer a plot from one type of use to another.
What land categories are they?
According to the law, all lands are demarcatedon the territorial zones. Their list, in particular, is contained in the Land and Urban Development Code of the Russian Federation. These two normative acts define the following categories of territorial zones:
- public and business;
- transport and engineering infrastructures;
- specially protected areas;
- Special purpose;
- for agricultural purposes;
- for deployment of military facilities;
At the same time, this distinction is notimplies that all land allotments that are part of any category of land can only be used according to their original designation. This is primarily due to the fact that the structure of some land categories is not homogeneous. Categories, in turn, are divided into species and subspecies. In some cases, the law permits the use of land not for their intended purpose, but in the category in which they are located. For example, the ZK permits to build country houses on agricultural lands.
Types of permitted use
If we have decided on the categories of land, then what is the type of permitted use of the land plot? In the Town Planning Code there is such a distinction:
- the main types of use;
- conditionally permitted types of use;
- auxiliary types of use (although they can only complement the main and conditionally permitted species and be carried out only together with them).
That is, it turns out that the legislator does not givedefinition of each of these species and does not specify the conditionally allowed species. The main difference between the basic and conditionally allowed species is that the second must obtain permission. Such a document is issued on the basis of public hearings, which are held in accordance with the charter of the municipality. Auxiliary and main uses of land plots are selected by the owners independently, without any additional approvals.
Who issues the permit?
As a rule, most of the lands inhabited byitems are in municipal or state ownership. Therefore, the choice of the type of permitted land use is usually confirmed by the formation of a land lease contract. To change one type of permitted use to another is possible only on the basis of the decision of the relevant body, which was adopted taking into account the town planning regulations and various technical standards.
Before the adoption of the rules for building and land use, the type of permitted use of the land plot can be changed only after the decision of the head of the local administration has been made.
Information on the permitted use of landshould be provided by local governments, state structures, municipal organizations free of charge when choosing a site for construction. According to the Law, during the auction for the sale of plots, it is necessary to indicate information about the type of its permitted use. Permitted use is a certain legal basis for erecting residential or industrial buildings on a land plot, conducting drainage or irrigation works, etc. Meanwhile, the owner or owner must make use of the land plot in accordance with its intended purpose.
How is the permitted use of land determined?
Important is also the question of whichThus, the type of permitted use of the land is determined. First, the legal regime of the site depends on the category of land in accordance with the zoning of the territories and legislation. Secondly, if we analyze the norms of the Land Code of the Russian Federation, we can conclude that the ownership of the land in one category or another depends on its intended purpose.
Zoning of territories should be carried out forlands of settlements. In the Town Planning Code there is the concept of urban zoning. It is conducted on the basis of town planning regulations. As a result of this distinction, it is not only the legal regime of the lands that is determined, but also the grounds for the creation and operation of facilities. At the same time, town planning regulations are not established for the forest fund, reserve lands, specially protected areas, agricultural lands, etc. Town-planning zoning occurs not only on the lands of settlements, but also on other categories of land.
From the above, it turns out that the formthe permitted use of the land plot also depends on the urban zoning. Especially in cases where the reconstruction, construction and operation of facilities and structures (in other words - the construction of lands) is supposed.
How can I change the type of use?
As you understand, it is not easy to change the type of permitted use, but it is still possible. For this, it is necessary to prepare such documents:
- an application for such a change (submitted to the local administration);
- passport of the applicant (copy);
- title documents for a plot of land (lease or certificate of ownership);
- documents for structures that are on site (if any);
- cadastral passport of the site or other documents on it;
- technical passports for buildings that are on site (if any);
If you want to use land for construction, then you must also submit:
- project of the planned facility;
- the project of the site from the planning organization;
- information about the planned site (total area, number of storeys, building area);
- consent from the owners or owners of neighboring plots that border on yours;
- consent from other rights holders of this land plot.
Terms of decision making
All these papers can be submitted both personally andsend via mail. About the delivery of documents you must receive a receipt. If a representative submits a package of documents, then he should have a power of attorney. The decision to change the permitted use of the land plot can be considered in the administration for up to 45 days. For carrying out such a change, you will also have to pay. In each case, the cost will be different.
Obtaining permission to change the type of use of land
After the expiry of your applicationyou will be given either a decision of the head of administration on permission to change the type of allowable use, or a written refusal in this. They will refuse you if you have submitted incorrect documents, or if it is established that as a result of changing the permitted type of use, it is planned to misuse land. If you think that the refusal is unfounded, you can always appeal the decision in court. If a positive decision is made, then you must apply to the state cadastre for making changes to the Unified Register of Rights to Real Estate.
Documents for Rosreestr
So, Rosreestr is served:
- certificate of registration of rights to the site;
- a boundary plan;
- the decision of the head of administration;
- The cadastral passport.
This instance considers such a package of documents up to 20 days. As a result of this whole procedure, you should receive an extract of the land plot.
From the above, we can conclude thatland plots can change the types of permitted use, but the category of land is almost impossible to change. In general, the change in the right-wing regime of the earth is based on the following principles:
- type of permitted use may varyonly in accordance with the town planning regulations. If the site does not meet the norms of the regulations, then the type of its use can be changed only after it has been brought into line with the types of permitted use that are specified in this regulation;
- actual modification of the species is forbiddenuse the site until the relevant decision of the administration is received and the data is entered in the Rosreestr. When considering applications for changing the type of permissible use, the primary purpose of the land plot is taken into account;
- to select auxiliary views without selecting the main one is prohibited. This procedure is not provided for by local or federal acts.
Do not forget also that in addition to the complicated procedure for registering changes in the type of use of the site, you will also have to pay for such a change.
On a note
If you decide to purchase a land plot, thenfirst of all pay attention to the category and the permitted use of land. After all, you can immediately look for a site with the necessary for you uses. For example, if you need land for a farm, and the certificate of the right to a land plot will indicate that it is intended for gardening, then it will not be possible to farm on such a plot.
It will be even more difficult if you want to changecategory of land. After all, this will require the conclusion of an environmental assessment, as well as a host of other approvals. Moreover, in some cases, ZK and other regulatory acts contain a ban on the transfer of land from one category to another. So if you decide to change the category of land, prepare for serious difficulties. It is easier to change the type of permitted use of a land plot, however, even with such a request, a refusal can be obtained if the local administration determines that this change will be contrary to the law or local acts.