Very often, when buying a property or if they want to build something on a site, citizens are faced with a concept such as the type of permitted use of a land plot. Many even often confuse it with land categories, which is fundamentally wrong. We will try to figure out what types of land use can be, what is the misuse of land, and how can a land plot be transferred from one type of use to another.
Land categories - what are they?
According to the law, all lands are delimited into territorial zones. Their list, in particular, is contained in the Land and Town Planning Code of the Russian Federation. These two normative acts define the following categories of territorial zones:
- social and business;
- transport and engineering infrastructures;
- residential;
- specially protected areas;
- production;
- special purposes;
- for agricultural purposes;
- recreational;
- for placement of military facilities;
- others.
At the same time, this distinction does not imply that all land plots that are part of any category of land can be used only according to their original purpose. This is primarily due to the fact that the structure of some categories of land is heterogeneous. Categories, in turn, are divided into species and subspecies. In some cases, the law allows the use of land not for their intended purpose, but as part of the category in which they are located. For example, ZK permits building summer cottages 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? In the Town Planning Code there is such a distinction:
- main types of use;
- conditionally permitted types of use;
- auxiliary types of use (although they can only supplement the main and conditionally permitted types and can only be carried out with them).
That is, it turns out that the legislator does not define each of these species and does not specify conditionally permitted species. The main difference between the main and conditionally permitted species is that the second requires 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 types of land use are chosen by the owners independently, without any additional approvals.
Who issues the permit?
As a rule, most of the lands of settlements are in municipal or state ownership. Therefore, the choice of the type of permitted land use is usually confirmed by the execution of a land lease agreement . Changing one type of permitted use to another is possible only on the basis of a decision of the relevant authority, which was adopted taking into account the urban planning regulations and various technical standards.
Prior to the adoption of the rules of development and land use, the type of permitted use of the land plot can be changed only after a decision is made by the head of the local administration.
Information on the permitted land use should be provided by local governments, government agencies, municipal organizations free of charge when choosing a site for construction. According to the LC, when conducting an auction for the sale of land, it is imperative to indicate information about the type of its permitted use. Permitted use is a specific legal basis for the construction of residential or industrial buildings on a land plot, for drainage or irrigation work, etc. Meanwhile, the owner or owner must use the land plot in accordance with its intended purpose.
How is permitted use of land determined?
Another important question is how the type of permitted use of the land is determined. Firstly, the legal regime of the site depends on the category of land in accordance with the zoning of territories and legislation. Secondly, if we analyze the norms of the RF Labor Code, we can conclude that the belonging of the land to one or another category depends on its intended purpose.
Territory zoning rules
Zoning of territories should be carried out for the lands of settlements. The Town Planning Code has the concept of urban zoning. It is carried out on the basis of urban planning regulations. As a result of this distinction, not only the legal regime of lands is determined, but also the grounds for the creation and operation of structures. At the same time, urban planning regulations are not established for the forest fund, reserve lands, specially protected areas, agricultural land, etc. Urban zoning occurs not only on the lands of settlements, but also on other categories of lands.
From the foregoing, it turns out that the type of permitted use of the land also depends on urban planning zoning. Especially in those cases when reconstruction, construction and operation of objects and structures is supposed (in other words - land development).
How can I change the type of use?
As you understand, changing the type of permitted use is not easy, but still possible. To do this, prepare the following documents:
- a request for such a change (filed with the local administration);
- applicant's passport (copy);
- title documents for a plot of land (lease agreement or certificate of ownership);
- documents for the facilities that are located on the site (if any);
- cadastral passport of the site or other documents on it;
- technical passports for buildings that are located on the site (if any);
If you want to use land for construction, then you must also file:
- project of the planned facility;
- project site from the planning organization;
- information about the planned facility (total area, number of storeys, building area);
- consent from the owners or owners of neighboring plots that border yours;
- Consent from other owners of this land.
Decision Dates
All these papers can be either submitted personally or sent via mail. You must receive a receipt for the submission of documents. If a representative submits a package of documents, then he must have a power of attorney with him. The decision to change the permitted use of the land may be considered by the administration up to 45 days. You will also have to pay for such a change. In each case, the cost will be different.
Obtaining permission to change the type of land use
After the deadline for the consideration of your application, you will be given either a decision by the head of administration on permission to change the type of acceptable use, or a written refusal to do so. They will refuse you if you submitted the wrong documents, or if it is established that as a result of changing the permitted type of use, it is planned to misuse the land. If it seems to you that the refusal is unfounded, you can always appeal the decision in court. If a positive decision is made, then you must contact the state cadastre to amend the Unified Register of Rights to Real Estate.
Documents for Rosreestr
So, the Rosreestr is served:
- certificate of registration of rights to the site;
- boundary plan;
- decision of the head of administration;
- cadastral passport.
This instance considers such a package of documents up to 20 days. As a result of this procedure, you should receive a statement of the land.
To summarize
From the above it can be concluded that land can change the types of permitted use, but changing the category of land is almost impossible. In general, the change in the legal regime of the land is based on the following principles:
- the type of permitted use may be changed only in accordance with the urban planning regulations. If the site does not meet the rules of the regulation, then the type of use can be changed only after bringing it into line with the types of permitted use that are specified in this regulation;
- It is prohibited to actually change the type of use of the site until the relevant decision of the administration and the entry of data into the Federal Register is received. When considering applications for changing the type of permissible use, the intended purpose of the land plot is taken into account in the first place;
- it is forbidden to choose auxiliary types without choosing the main one. This procedure is not provided for by either local or federal acts.
Do not forget also that in addition to the difficult procedure for processing a change 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, then first of all pay attention to the category and the permitted use of land. After all, you can immediately search for a site with the types of use you need. For example, if you need land for farming, and the certificate of title to the land will indicate that it is intended for horticulture, then farming will not work on this plot.
It will be even more difficult if you want to change the category of land. Indeed, this will require the conclusion of an environmental impact assessment, as well as a host of other approvals. Moreover, in some cases, LCs and other regulatory acts prohibit the transfer of land from one category to another. Therefore, if you decide to change the category of land, get ready for serious difficulties. It is easier to change the type of permitted use of the land plot, however, even with such a request, you can be refused if the local administration determines that this change will be contrary to the law or local acts.