Each plot of land has a specific type of permitted use. It is determined by the authorities of each region. Any owner of the territory should know what features and parameters his site has. But often you need to figure out how to change the type of permitted use of the land. This is necessary if it is planned to use the land for any specific purpose. To change the characteristics of the site, you must contact the administration of the region.
Concept of characteristic
The type of permitted use of land is represented by a special parameter of the territory that has specific legal importance. Based on this characteristic, it is determined how and for what purposes land can be used. Based on this view, several issues can be resolved:
- what objects can be built on the territory;
- what should not be on the earth;
- for what purposes you can use the site.
When this indicator is taken into account, the cadastral value of land is calculated. Information about VRI will certainly be recorded in the USRN. Therefore, if a change in the type of permitted use of the land plot is required, then such changes will certainly be indicated in the register. After obtaining permission from the administration, you will have to contact the Rosreestr to make adjustments.
How is it determined?
The type of permitted use of the land is determined by the employees of Rosreestr on the basis of a special plan drawn up by a special department of the local administration.
If you need to make changes to the VRI, then there must be good reason for this. The owners of the territory cannot perform this process without the consent of the authorities.
Types of use of the territory
Initially, the land owner must determine what type of permitted use of the land is required to establish for the territory. The following varieties exist:
- Main. The rules for the use of such land are established by Order of the Ministry of Economic Development No. 540. The main VRI reflects the norms that apply to the intended purpose of the land. If this type is established, then the owner can use the territory only on the basis of its purpose, for example, for the construction of a private house or farming.
- Conditionally allowed. In this case, the owner of the territory can perform actions aimed at improving the quality of the territory. All actions must comply with the purpose of the land, and must also be consistent with the administration of the region. When implementing these actions, violation of the surrounding array is not allowed. For example, if the land is used for gardening, then you can build a capital structure on it, designed to store fruits or vegetables.
- Additional. Acts as an appendix to other species. If available, the owner may take any not too significant actions with the land that are not registered in the Federal Registration Service and do not require the preparation of specialized documentation. For example, you can build temporary buildings to store tools or other purposes.
If the documents available to the owner of the territory do not contain information about the VRI, then it is considered that the main view is established.
What is the need for a change in VRI?
Before changing the type of permitted use of the land, it should be decided in order to implement this process. Typically, a procedure is performed to achieve the following goals:
- the possibility of using the land for other purposes, for example, for gardening, the construction of a private house or agriculture;
- it is required to erect a small structure on the territory;
- there is a need to build a private house on the ground.
To implement any action, it is necessary to competently perform the process of changing the VRI.
Who can handle the process?
It is important to know who changes the type of permitted use of the land. The procedure is implemented only by the owner of the territory. In addition, an official representative who has a notarized power of attorney may be given the appropriate powers.
Other persons do not have the right to submit documentation to the administration and Rosreestr to make any changes to the USRN. Contact for this process will have to representatives of local authorities and the department of Rosreestr.
If the land is leased, then the municipality is its owner. Therefore, his representative must contact the Rosreestr to make adjustments to the USRN.
How is the procedure performed?
If the owner of the territory wants to establish a new VRI, then he must figure out how to change the type of permitted use of the land. The procedure is divided into the following steps:
- determines which VRI can be used for a specific territory;
- a suitable type is selected that meets the requirements of the property owner;
- a statement is drawn up to which other documents are attached;
- all documentation is transferred to local authorities;
- the application shall indicate the code of the appropriate type based on the special classifier of VRI;
- justified reason for amending the USRN is indicated in the document;
- all documentation is reviewed within 45 days by employees of the local administration;
- if the decision is positive, then the applicant receives a special order;
- if there are reasons for the refusal, an official written refusal is issued containing information on the grounds for such a decision.
If the reason for the refusal is unfounded, then such a decision of the administration may be challenged in court.
What documents are required?
Initially, you should find out where to change the type of permitted use of the land. To do this, contact the local administration of the region. The following documentation should be submitted to this institution:
- statement in the form of institution;
- a declaration indicating the willingness of the landowner to make the necessary changes to the USRN;
- title papers on a plot of land;
- passport of the owner or representative;
- if the process is implemented by a representative, then he must have a power of attorney certified by a notary;
- extract from the USRN, which serves as evidence that a particular citizen is the sole owner of the land;
- if there are several owners of one territory, then written consent to the procedure is required from each citizen.
Other papers may be requested if necessary. For example, if land was previously used as collateral, then official confirmation of the removal of the encumbrance is needed.
What to do after receiving a decision?
If the administration allows changes in the USRN, then how to change the type of permitted use of the land? To do this, you must contact the department of Rosreestr with the received resolution.
Other documents that were previously submitted to the local administration should be attached to the decision. Based on such documentation, necessary adjustments will be made to the USRN. The process of registering changes does not take more than 15 days. After that, you can use the land based on the adjustments. In this case, it is important to take into account the conformity of the type of permitted use of the land with the actual use of the territory. Otherwise, you may encounter negative consequences.
Application Rules
If the owner is interested in how to change the type of permitted use of the land, then he must understand the rules for compiling the application. It is on the basis of this document that a decision is made by the administration of the region. The rules for its preparation include:
- formed in the name of the head of the administration department specializing in urban planning and architecture;
- The basic information about the land plot provided by its location, the period during which the citizen owns the territory, form of ownership, as well as technical parameters is indicated;
- an application is submitted only by the owner, his representative or tenant of the municipal land;
- The reasons for making changes are specified
- it is indicated that making adjustments will not cause any damage to the urban planning context of the region;
- at the end is the signature of the applicant with a transcript.
A sample of such a statement can be studied when visiting the desired department of the local administration. You can even draw up such a document on the State Service portal. Changing the type of permitted use of a land plot is quite simple, since documents with an application can be submitted even electronically on this portal. In this case, you can not personally visit the local administration of the region twice.
Nuances of making a declaration
Before changing the type of permitted use of the land, all necessary documents should be prepared for this process. This requires a special declaration. It is compiled in free form, and it contains some information that is already in the application.
The declaration has a different function compared to the statement. It serves as confirmation that the owner of the territory is really ready to make the necessary adjustments to the USRN. Therefore, it indicates a request to change the VRI. The reasons for making such a decision are registered, and a new VRI is also indicated, which will be installed for the land plot.
Process implementation period
Documents submitted to the local administration are considered for a maximum of 45 days. At the end of this period, the applicant receives a response that may be negative or positive. In the latter case, a resolution is issued, which will then be transferred to the Rosreestr branch.
Changes to the USRN are made within 15 days. After that, the land owner can request an extract from the USRN, which will indicate the new characteristics of the plot.
Reasons for refusal
A negative response from the administration may be due to the following reasons:
- lack of necessary documentation;
- Providing false or conflicting data in a statement;
- lack of information about a specific site in the USRN;
- no data on the owner of the territory;
- written consent to the process is not prepared in advance by other owners of the territory;
- land is located in the sanitary zone of a manufacturing enterprise;
- The request relates to a common roadside area.
The specific reason for the refusal will certainly be present in the official response of the administration. In some cases, you can correct existing errors to resubmit the documentation.
Conclusion
Changing the VRI of a piece of land is not considered a very complicated process. For this, the necessary documentation is prepared and a statement is prepared. Documents are transferred to the urban planning department of the administration of a particular region. Documents are checked within 45 days.
The answer is given in writing. If it is positive, then the applicant is issued a special resolution on the basis of which the necessary adjustments are made to the USRN.