If you decide to build an individual house, a summer residence, create your own estate, a farm with an appropriate set of premises and engineering structures, then you need to know the legislation. What is the type and category of permitted use of land, how to properly issue a lease or property, what troubles can meet on this difficult path and how to minimize and avoid them? We will deal with some issues in the article.
Land uses
Every potential landowner should know what the status of the land is. So the problem of implementing your plans, a successful investment of funds and the possibility of generating income from what you have planned can be solved. Any plot has its own specific status. After all, the use of agricultural land can be different. If the plans for the construction of an object on the territory contradict its status, then they simply will not be approved. The Land Law provides for amendments to projects and clarifications. Legally, there are certain restrictions. Rational use of land is very important. The fact is that inconsistency between different legal entities creates fertile ground for manipulation and abuse. For example, agricultural land is not intended for the construction of residential facilities on them. If you acquire territory for individual housing construction, then you cannot erect constructions intended for commercial purposes. Rational use of land is considered an integral part of the development plan for the agricultural sector of the state.
Classification
What are the types of permitted land use?
- individual housing construction;
- personal subsidiary plots ;
- summer building;
- country house;
- agricultural production;
- farming;
- peasant farming;
- low-rise housing construction;
- housing construction;
- residential and commercial buildings.
Let's consider some of them in more detail.
Individual housing
Depending on what the established type and category of permitted use of land is, a territory may be in less or greater demand. For example, to have an allotment on which the construction of a house can be legally permitted is the most prestigious. Such territories are in great demand. Individual construction can only be permitted within existing settlements. On this land plot , a detached single-family house can be built for one family (Land Law, paragraph 3, Art. 48), in which no more than three floors. Before concluding a contract with a design company, make sure that this organization has the appropriate state license. Otherwise, you may have problems at the stage of coordination of the proposed project with the controlling authorities. The construction of individual housing implies the possibility of permanent registration at the place of residence. In other words, if you have a residence permit, you can legally get a job, receive correspondence. Concerning the owners of individual housing, generally accepted social norms apply; the necessary infrastructure and communications must be present. In different regions of Russia there are restrictions on the size of such sites. Your allotment can be taken as a security by various banks.
LPH
If you are planning to build a residential building on a plot of land with such status, you should check with the local administration if such construction is possible. After all, it is necessary to bring the appropriate communications to the construction. This can be fraught with certain problems if the site is located far from the borders of the village. If there are no such restrictions, you can safely build a house and engage in gardening.
Country building
The type and category of permitted use of land imply various restrictions on the facilities being built on it. But between some statuses of allotments there is no special difference. For example, many cottages (land for recreation with residential buildings) are no different from individual housing development, except that the territory for the construction of cottages has a lower cost. The significant difference is that it is impossible to register at such a site. However, if the site is located within the boundaries of the settlement, then you will most likely be able to register. But the rest of the restrictions associated with private housing, in the case of the construction of the country does not apply. So, you can build a building above three floors, you will not need to conduct a mandatory technical examination, and there will also be no questions to you regarding the purpose of these buildings from the regulatory authorities. The choice is yours, in both cases there are pros and cons. Of course, the construction of medical facilities is not provided for in summer cottages.
Country house
The differences between the status of summer cottage construction and the status of summer cottage economy are that the issue of connecting communications to a residential building that you are entitled to build can be quite complicated. Specify in advance how much this will be possible, calculate the costs, because often the cost of supplying gas, electricity, roads is more than the site itself with the construction.
Gardening and summer cottages
Lovers of suburban life are often united in horticulture, which exist and work, guided by regulations governing the activities of gardening and country associations of a non-profit type. The type and category of permitted use of land within these provisions may be different. In particular, it can be a horticultural partnership, a consumer cooperative or a summer residence partnership. The use of agricultural land provides for the creation of only a horticultural partnership on them. But the "summer residents" may well be located in the territory of the village. The cost of land in horticultural partnerships is usually higher than in associations of summer residents. This is due to the fact that they have more convenient transport links, it is sometimes assumed that they have their own, albeit not very developed infrastructure. And the issue of registration in a horticultural non-profit association has essentially been resolved.
Agricultural production
The use of agricultural land allows the installation of appropriate agricultural production. At the same time, it is allowed to engage in various types of activities: from growing grain to viticulture. Specifically, the type and category of permitted use of land, as well as the regulations for the construction and operation of related facilities (production facilities, warehouses, etc.), the possibility of creating engineering communications facilities are negotiated with the administration of this territory. Agricultural objects can also be reservoirs that will be used for fish farming or irrigation.
Peasants and farmers
Are you going to engage in agricultural production with your family or attracting labor from outside? The allotment can be made into ownership or rent. Land may be provided by the local municipality. When your application is reviewed and satisfied, you need to independently invite experts to conduct a mandatory land survey. This procedure is carried out by representatives of the land management organization. Then the allotment is put on the cadastral register, a cadastral passport is issued for it. If you are making a lease, you must register the contract with the Federal Registration Center, if you are making ownership, you will receive a certificate of ownership. And only after carrying out all these operations you can register yourself as a farmer, create a legal entity. The size of such a site can be very large, it all depends on your plans and capabilities. Since this is a production, you will not be able to "hold" the land just like that, without using them for the declared purpose. In addition, you will be required to pay taxes, regularly submit reports to the appropriate inspection. All property of the farm belongs to its members on the basis of joint ownership.
Housing, including low-rise construction
Unfortunately, our country in the recent period of its history has practically ceased to engage in low-rise construction, relying on monolithic and panel high - rise buildings. This happens contrary to the global trend, when such development of suburbs and small cities, settlements is very popular. After all, the advantages of such an activity are obvious. First of all, low-rise construction removes unnecessary traffic load on city highways. Given the scope of Russian open spaces and the obvious advantages of such a building (life in the lap of nature, but in comfortable, "urban" conditions), the trends of recent years cannot be called correct and promising. Throughout the world, the cost of building low buildings is much lower than high-rise buildings. This is due to relatively inexpensive construction technologies, which, however, must certainly go hand in hand with administrative control over compliance with technology and construction quality. Obviously, in low-rise settlements, the environmental situation is much more favorable than in megacities, which are more reminiscent of industrial zones in air composition. Planned integrated development also implies the provision of appropriate infrastructure. On the territory are supposed kindergartens, schools, hospitals, shops. In addition, the psychological state of the inhabitants is much better here. Such a construction is beneficial for developers in the sense that it takes less time to erect such a house, risks are reduced - in the short time required to create a village, the market situation is unlikely to change significantly.
Legal base
The concepts of “intended use of land” and “permitted use” can be interpreted as follows: the first implies belonging to a particular category or status, the second - an additional element, based on the zoning of territories and the legal regime. The use of allotments in urban planning is based on the norms of the building regulations, the Urban Planning Code of the Russian Federation. Regulatory provisions have their own specifics in different territories. There are types of allotments for which there are no such regulations: forest fund, swamps, protected areas (reserves, natural parks), special economic zones. In accordance with the legislation of the Russian Federation, the concept of "permitted use" is applied to land plots planned for development and thus falling within the scope of the building regulations. In other cases, this is not required. Many issues related to land use regulation, legal registration of these norms, transfer of land category in particular, have not been resolved clearly enough. Let's hope that at the legal level, these points will be determined in the near future in accordance with the dictates of the time.