There are times when the landowner or tenant intends to use it for other purposes. Not everyone knows that there are legal ways to implement these plans (through modification). On how to achieve a change in the type of permitted use of the land, the regulation (how this will help) and other points can be studied in the article.
Kinds
Detailed information is set out in Article 37 of the Town Planning Code. According to its provisions, there are the following types of permitted use (in short - VRI) of land:
- The main ones.
- Additional.
- Conditionally allowed.
Under the basic refers to the use of a particular site as intended. For example, the construction of a house for living on agricultural land is prohibited. These land plots can be exploited only for the purpose of growing crops. Misuse is considered a violation of the law, which leads to punishment in the form of an administrative penalty.
Additional changes allow land plot owners to build structures that are not related to capital buildings. This does not contradict the purpose of the site. For example, on agricultural lands, a temporary structure can be erected to store inventory and other items.
Conditionally permitted plots allow owners and persons using land under a lease to gain more authority. For example, the owner of an allotment provided for gardening has the right to erect a capital structure in order to preserve the crop.
At the same time, this type may take place under conditions such as:
- Prior approval by local authorities.
- Prohibition of misuse.
- Compliance with the regulations for the use of the array surrounding the allotment.
If the information on VRI is not indicated in the land documentation, then it is considered that it belongs to the main species.
When do I need to change the look?
If the owner wants to build a house for which the allotment is not intended, then a procedure for changing the type of permitted use of the land will be required. In this case, the initial category is taken into account, since with some of them construction can be allowed.
If the land is intended for summer residence, then it is possible to build a house for living, as well as registration, as well as permanent residence. Then the change in the type of permitted use of the land will not become a reason for changing the category (2018 and 2019 are the periods during which this rule remains in effect). But on plots reserved for gardening, permanent residence is not allowed. Therefore, the corresponding construction is not allowed.
Basically, this issue is resolved by changing the VRI of a given territory, as well as the category of land. At the same time, construction is not the only reason why owners decide to carry out appropriate procedures. The following points may serve as grounds for appeal by owners or tenants:
- Plans to sell land in the future. Everyone knows that the plot, which is intended for individual housing construction, is more expensive compared to the allotment of agricultural purpose. Thus, the owner can make a significant profit by patting for a change in VRI.
- The intention to do business and place on the site a point intended for a workshop or office.
- Intention to build a cottage village. Large areas are convenient for appropriate arrangement.
Ways
The law allows changing the type of permitted use of a land plot. Specific legal acts in this case are the following:
- Law "On the transfer of plots to another category" No. 172-FZ.
- The Town Planning Code, in particular, Article 37.
Regulations
The procedure for changing the type of permitted use of the land is contained in Art. 8 of the Land Code. These issues are dealt with by local authorities. So, you must contact the land committee, which operates under the administration to which this allotment belongs. If at the district level there is no corresponding committee, then you need to contact the city or regional authorities.
First, you should clarify the package of documents that you need to prepare. Information can be found on the land committee or online. The second option will help to save a lot of time. It should be borne in mind that the composition of documents in different regions is often different, since the corresponding issue is resolved by local authorities by issuing a special act. The same applies to regulations.
Not always the procedure for changing the type of permitted use of the land is associated with the need to change the category of allotment. It also happens that the existing category allows you to use it in the way that is planned by the owner (tenant). In this case, a category change is not necessary. Of course, when planning the construction of MCD on agricultural land, this will have to be done.
The main actions required to change the VRI include holding hearings in which people living in the district must participate. For example, if the planned action can lead to a significant deterioration in the state of the environment, then the owners living in the district should certainly take part in this event in order to prevent the authorities from stopping at a positive decision.
The applicant needs to collect the required package of documents and contact the land committee. The head of the administration forms a commission in order to consider the issue, organize hearings, as well as publish data in the media. As a result of the hearing, the commission will prepare papers for the head of the local administration, where recommendations will be made.
The head of local government makes a decision based on these recommendations. He has the right both to agree with the opinion of the commission and to accept the opposite point of view. If the issue is resolved positively, then, on the basis of the issued act, the relevant data are entered into the cadastre, as well as into the USRN. All land plots must comply with the regulations, and objects under construction - to the maximum permissible standards.
Action algorithm
If you plan to change the type of permitted use of the land by the owner, the following algorithm of actions is applied:
- Obtaining an extract from the inventory.
- Clarification of the issue of the possibility of changing the VRI.
- Definition with the type of necessary use in accordance with the recommended list.
- Obtaining the decision of the head of the district.
- Submission of documents on entering information into the cadastre.
- Obtaining a cadastral passport with a new VRI.
- Obtaining documents in Rosreestr.
This process can only start the owner or tenant of the allotment. In the latter case, a change in the conditionally permitted type of use of the land will be possible if the lease term at the time of appeal is at least 5 years.
Required documents
To resolve the issue positively, the applicant should prepare the following documents:
- Identification.
- Documents confirming the right to allotment of land.
- Cadastral passport.
- The consent of the co-owners in writing.
This is a general list. But it can be expanded in any administration. Therefore, before submitting documents, it is advisable to find out the exact list required by a specific committee. The location of the plot can also affect this. For example, if it is located in the historical part of a city or other settlement, then it is impossible to resolve the issue without receiving the appropriate paper from the Monument Protection Department.
Statement
Separate committees issue blank forms. Then you need to fill in all the items without exception. The administration will have to convince that the legislation will not be violated if the type of permitted use of the land plot is changed. 2018 is no exception in this regard. The application displays the following information:
- Unique cadastral number.
- Location of the plot.
- Land category.
- An indication of the documents that are the basis for obtaining the right of ownership or lease.
- Clarification of the causes and objectives of the change in VRI.
Also in the statement, it can be noted that in neighboring areas this issue was resolved positively (unless, of course, this fact takes place). It should be mentioned that the procedure for changing the type of permitted use of the land will be implemented only with the consent of other users.
Declaration
This document should not be confused with the statement, as they have different goals. The statement expresses a request for a change in the VRI, while in the declaration this issue has already been resolved, and the corresponding permission has been received.
Submitted to the cadastral registration declaration. Changing the type of permitted use of the land occurs by reflecting in the document the following points:
- Names of recipient organization.
- Information about the owner or tenant.
- Information about the site (in particular, the category of land).
- Requests for changes.
- Confirmation of consent by neighbors.
- Dates and signatures.
Decision
The application is considered five business days. During this time, the head of administration should decide whether to satisfy the request of the applicant or refuse it. If a negative decision is made, then it must be reasonable, and also contain references to legal acts.
Thus, firstly, hearings are organized on the issue of changing VRI. Information about this is published in local media and is provided to all interested parties. In order for participants to prepare for the event, to collect the necessary information and documentation, sufficient time is provided.
This stage takes from 1.5 to 6 months. If the question is approved, then the head of the local government makes his decision. In case of a positive outcome, the applicant is armed with an appropriate document and takes the next steps, which provide for a certain procedure for changing the type of permitted use of the land.
Renouncement
The results of the public hearings may affect the decision by the authorized body on the application for amending the VRI. There are two options:
- If this can lead to the fact that the provisions of the land regulations and urban development code are not implemented, then perhaps the applicant will be refused.
- If the documentation is not presented in full, the application will be returned, but the right to submit will remain upon presentation of the missing papers.
As practice shows, failure to justify a change in the type of permitted use of a land plot may have the following reasons:
- The application is signed by a person who cannot initiate this procedure.
- Not all documents are submitted.
- Documents are damaged, which serves as the basis for their rejection.
The reasons can be divided into the following groups:
- Fixable. Then the applicant can again apply after the elimination of defects.
- Incorrigible. In this case, the only authority that can change the refusal is the judicial authority.
Dates and cost
As a rule, the duration of the procedure depends on the efficiency of the commission. She can manage to do everything necessary in a month, and can pass a longer period, the maximum period of which is six months. But registration does not take so long. This procedure is carried out by Rosreestr. Changing the type of permitted use of the land in terms of registration takes, as a rule, from 10 to 12 days.
Information about the cost is indicated in the Tax Code. According to her, nat. a person must pay for registration 2 thousand rubles., and legal. face - 22 thousand rubles. There is no need to pay anything to review documents at the local administration.
Modern methods of initiating a procedure
Currently, many people are short of time. Moreover, I do not want to spend it on having to go to different instances. Therefore, alternative methods are provided that allow you to submit documents:
- State website services.
- MFC.
In the first case, you need to register on the site, then fill out the application in electronic form, scan the required documents, attach them to the application and send it to the local administration for consideration.
In the second case, you should contact the territorial office of the MFC. Changing the type of permitted use of the land will be considered in the same manner. True, this may require a little more time, since instead of the applicant, papers will be transferred to the local administration by MFC specialists.
Conclusion
As you can see, despite the existence of general rules on the procedure for changing the type of permitted use of the allotment of land, in order to quickly pass the procedure, you need to contact the local authorities and clarify the information. In addition, to solve a number of problems, this process may not be required (if it is possible to use an alternative method).