There is often confusion in the concepts of “land category” and “type of permitted use”. It is not easy for a non-specialist to distinguish between these terms. And yet they have characteristic differences. And it’s useful to imagine this difference in order to avoid legal problems for those who are faced with a change in the legal status of a land plot.
Let's understand
The concepts “land category” and “type of permitted use” are actually mutually complementary. But the term “category” as a whole - of a more general nature, and another - “view” - exists to clarify options for the possible use of the site within a particular category.
For example, if agricultural land plots belong to land categories, they may have basic and a couple of additional uses. For the concept of "category" this combination of terms is not allowed. That is, for example, one and the same plot can not simultaneously belong to the forest fund and be intended for industrial construction or the construction of a residential building.
What are they
Current legislation identifies strictly defined categories of land use. They consist of:
- lands of settlements;
- agricultural;
- special purposes (used for transport needs, communications and industry tasks);
- reserves, nature reserves and other protected areas with the status of historical and cultural or of scientific interest;
- water and forest funds;
- reserve.
Any of the plots on the territory of the country can be assigned exclusively to one of any given category of land. Land, the permitted use of which is required to be changed in the interests of regional development, is the responsibility of the legislative bodies of the constituent entities of the Russian Federation, which are vested with the right to make such a decision.
Division by type
What are the criteria for the separation of the territories of villages and cities? Its principles are based on areas associated with the placement of residential, industrial and other facilities. For example, if a specific part of the city has served as the place of work of a large-scale industrial enterprise for decades, no one will allow building a kindergarten or multi-apartment residential building close to it. This is due to the need to comply with legally approved standards regarding the distances between the industrial zone and residential quarters.
The Land Code of the Russian Federation (the provisions of Article 85) delimits 8 zones for various purposes, which may exist within the boundaries of any settlement. We are talking about residential areas, lands intended for public development institutions (offices, schools, clinics and the like), resort and recreational areas (sanatoriums and parks), agricultural, industrial, designed to develop transport infrastructure, as well as objects of the Ministry of Defense of the Russian Federation , areas of special purpose and other.
Additional points
Each of the territorial zones legally has the right to use as several strictly defined additional types. In particular, the urban planning regulations allow the construction of private residential buildings (multi-story, mid-story and mixed type) within residential blocks. This provision is provided for by paragraph 5 of the same article number 85 of the RF Labor Code.
Similar nuances and requirements exist for any other zone of each settlement. No one is allowed to change the nature of the use of the land plot . In the case of violations, the perpetrator faces considerable fines, and the illegal construction must be demolished. More and more recently, local authorities, using heavy equipment, have eliminated the so-called small architectural forms, which include the whole variety of existing pavilions and stalls.
How to change the type of permitted use
If you do not have information on which category of land use (or type) this or that plot belongs to, this should not be a problem. All the necessary data can be obtained by reading the cadastral documentation or by requesting an extract on the Rosreestr website. As a rule, all landowners are aware of what category of land their land belongs to, what kind of object it is possible to build on it, and what is categorically prohibited. A more serious problem for most of them is overcoming the procedure for changing the permitted type of use.
Since, according to the law, construction that contradicts the cadastral passport is not allowed, the only way out for the owner is to file a request with the request to assign one of the additional uses to the site. This option is quite common and is a legitimate opportunity to change the status of the site. They resort to it when it is required to open a store or some other object that has a social purpose.
Not so simple
It should not be thought that, by submitting a petition, the applicant will automatically achieve the transfer of land from one category to another or a change in the type of permitted use. This is not done only at the request of the owner. The owner (or tenant) must put forward a serious justification for the appropriateness of such an application. He will have to prove that the changes he is seeking will play a positive role in the social development of the village. The allocation of land to categories and a change in their purpose is a very serious issue, and the applicant should be prepared for a fierce discussion on this topic at a meeting of the local council (its land commission) or at the deputy session.
An application is drawn up, as a rule, in a free form based on the standard rules for submitting applications and appeals to any of the state institutions. Together with him, the applicant will need to present a cadastral extract and a copy of the title document relating to the land plot. That is, a privatization, gift or sale agreement, a certificate of inheritance. The petition submitted to them must be considered in a period of not more than two months. If the case ended with a denial of the request, you can try to resolve it in court. But only when the negative decision looks unlawful for good reason.
What does the category of agricultural land mean?
What are the options for their use? Like other types of land use categories, agricultural plots come in certain varieties, of which there may be several. Having become acquainted with the provisions of paragraph 11 of Article 85 of the RF Labor Code, we will see that agricultural land is allowed to be "consumed" in one of the following options:
1. Like pastures and hayfields.
2. Like gardens.
3. As plots of agricultural production (including livestock).
4. As summer cottages.
5. As homestead farm plots.
6. As the land of industrial facilities, which include power lines, high pressure pipelines, roads.
7. Like fallow lands.
How to save rural land
Territories of this category of land (agricultural land) may be subject to change by type of application. But here there are many serious nuances and limitations, due to which it is impossible to stop or change one of the types of agricultural production, based only on the will of the owner.
In particular, it is forbidden to change the category of a plot if its cadastral value exceeds the regional average by 50% or more. In practice, this rule applies to the lands of gardens and territories on which perennial valuable crops are grown. It serves to prevent a decrease in the area of these plots and other valuable agricultural objects.
Land category " settlement land "
If you are interested in the idea of buying an inexpensive plot with a dilapidated house, located in the immediate vicinity of a busy road or transport stop, first of all, specify the classifier code according to which further use of this land is possible. Such information is also taken from the cadastral passport of an object as a result of receiving an extract from Rosreestr.
If the code of the mentioned site refers to the list from 2.0 to 2.7 classifiers, this means the following - all that a buyer can build on this land is a low-rise residential building. Of course, no one will stop him from setting up a small farm near a dwelling, a small greenhouse or setting up a personal garage. But for commercial purposes this land cannot be used.
For these purposes, you need a site with the codes of "business class" (4.0-4.9). Belonging to this interval makes it possible to locate capital structures of a stationary nature on the site. For example, a store or a shopping and entertainment complex (code 4.2), an office building (code 4.1), an insurance office or a bank (code 4.5), a market (code 4.3), a restaurant, cafe or dining room (code 4.6), a hotel (code 4.7) , entertainment facility (code 4.8), car service or car fleet (code 4.9).
About buying land in the city
If the code you need is not found in the cadastral passport, this does not mean that the purchase will not take place. If you place your chosen site in a public, industrial or area intended for transport infrastructure, the possibility of adding an additional conditionally permitted use case to the main one is quite realistic.
How successful the solution of this issue will be is directly dependent on the position of the local administration (in particular, its land administration). If the building planned by you for construction definitely works towards the development of the city and the creation of additional jobs, it is in the interests of local authorities to meet you.
... and everything else
The 83rd article of the Land Code of the Russian Federation plots related to the land category of settlements, is intended for the development and development of villages, cities and other municipalities. According to paragraph number 3 of the 84th article of the Code, if a private site is included in the boundaries of a settlement, its status is maintained. That is, its owner continues to use the right of ownership.
In addition to the above zones of urban areas, there is also an additional category - land falling under the designation "other territorial zones". This includes all those areas whose purpose is general use. That is, driveways, squares, streets, squares, etc. Most often, they are meant to be included in one of the main zones. Such sites cannot be privatized or transferred to private ownership in any other way.
About misuse of land
What is meant by this term? The misuse of a land plot is considered to be its operation not in accordance with the purpose defined for this land category. This action falls within the definition of a violation and entails administrative liability in accordance with Article 8.8 of the Code of Administrative Offenses of the Russian Federation.
The amount of sanctions can be very significant. A citizen (individual) will have to pay a fine, the amount of which depends on the cadastral value of the plot and is equal to 0.5-1% of it. In this case, the minimum fine cannot be lower than 10,000 rubles. By the way, if you decide to build, say, a store on a site that is not designed for that, you will not only have to pay the fine, but also to demolish the illegal building.
Any information on what type of permitted use this or that plot is entered in the State Real Estate Cadastre. That is why it is recommended that any land operations be preceded by familiarization with the site passport.
What is possible in the village
Of the nine categories of residential areas referred to in Article 85 of the RF Labor Code, it makes sense for individuals to be interested in only two - residential and agricultural. Since the rest can in no way be the property of an individual citizen. According to paragraph 5 of Article 85 of the LC, the use of land in a residential area may be as follows:
1. For individual residential development.
2. For small, medium and multi-story residential buildings.
3. For the construction of premises for cultural or domestic purposes.
According to paragraph number 11 of the same article, plots located within agricultural lands can be used for the construction of premises and buildings, the purpose of which is agricultural production. Another possible use is for arable land and perennial plantings. If you are planning a plot for individual housing construction, check the availability of the code in the cadastral passport related to residential development (2.0 - 2.7).
But remember that a building whose purpose is to live with simultaneous treatment (a sanatorium) or to support the needs of continuous production (office housing for shift workers) cannot be assigned here.
Private developer
If you are planning IZHS (individual housing construction), as well as the cultivation of the garden, refer to the same section number 2 of the classifier. The codes already mentioned indicate that the land can be used for the construction of a low-rise building without dividing into apartments (no more than 3 floors), the construction of ground facilities such as garages and sheds, for garden construction (the requirements for such houses are similar to paragraph 1), personal subsidiary plots site, the construction of temporary, mobile and other premises suitable for living, that is, campsites, wagons, etc. This implies the possibility of connecting them to the systems of utility networks.
As we see, the concept of individual housing construction includes, in addition to the construction of the house itself, the organization of a personal subsidiary farm.
If you are a businessman
Anyone planning business activities should look for a land plot equipped with a classifier code of 4.0-4.9. It is such land that involves the construction of capital structures on it, the purpose of which is leisure, trade, car service and the like. Suppose, having acquired a property with a code of 4.4, you can build a store on it, with an area of not more than 5000 square meters.
About other uses of land
According to the 37th article of the Town Planning Code, the types of permitted use of plots of any territorial zone may be:
1. The main (we are talking about the original destination).
2. Conditionally permitted (meaning the intended purpose).
3. Auxiliary.
Let's consider a little more in detail each of them. The main view implies compliance with the immediate purpose of the site according to localization and territorial zone. To use the land according to the main view, no additional permissions and approvals from the administration are needed. That is, the owner independently plans how to dispose of the site within the classifier and category of land.
As for the conditionally permitted types of its use, their list is regulated by the urban planning legislation of the region to which the site belongs. But in all cases, in order to choose any of these types, the owner must coordinate this with the authorities and obtain the necessary permission.
What does it look like in practice? Let's say the main purpose of the site is IZHS. In this case, the conditionally permitted type of its use is the construction of a commercial facility. To obtain a building permit, the owner is obliged to refer the application to the regional commission deciding land use issues. The answer will be received as a result of a public hearing.
As for auxiliary uses, they are permissible only in the form of additions to the first two varieties and can only be implemented together with them. Let us explain for clarity: if the construction of a store is allowed on the site, the organization of, for example, car parking (ground or underground) can become an auxiliary view.