Earth is an invaluable resource of mankind, which, if used improperly, can lose its functions. Every year, the area of a deserted, unsuitable territory increases. Therefore, legally established categories of land and types of permitted use are so important today.
What is division done for?
So, land, as mentioned earlier, is not an inexhaustible resource. Its improper and irrational use leads to the fact that the area suitable for human and animal life is becoming smaller.
The legal definition of land categories and types of permitted use make it possible at the state level to control the use of plots, as well as to minimize the loss of their useful qualities. The definition of a taxon to which the land belongs has legal force. That is, a violation of the rules for using the territory bears administrative and even criminal liability.
What is the difference between definitions?
Land categories and permitted uses are not the same thing. The first definition is more important. It is in it that the purpose of applying the plots lies. Moreover, the presented division into categories largely depends on the state strategy, as well as zoning of the entire territory of the country.
For example, lands intended for agricultural cultivation include all those areas in which the soil is fertile. All those territories in which the corresponding vegetation is present must be added to the forest fund.
That is, a category is a legal, documented description of the properties that a site has.
List of categories
Categories of land (land necessarily belong to any of them) may be as follows:
- Territories for the arrangement of settlements.
- Plots for agricultural: livestock, vegetable and gardening.
- Specially protected land, the use of which is limited by strict limits.
- The territory of special purpose, that is, it usually builds industrial structures, energy facilities, communication lines, as well as those buildings that are important to ensure the security of the state.
- Forestry plots.
- Land on which water bodies are located.
In addition, there are also other territories that belong to the state reserve fund.
Basic concepts
Categories of land and types of permitted use are, as mentioned above, different terms. The second concept is some refinement. It talks about the peculiarities of the use of plots within the intended purpose.
The division into types of permitted use of land is considered the result of a more specific and detailed zoning of the territory within the same region or constituent entity of the federation. Moreover, it is fixed by official documents.
For example, a summer cottage, which belongs to the category of agricultural land, can be used for gardening or horticulture, building real estate without the right to register in it.
It should be noted that, despite the fact that certain territories belong to the same purpose, they can have completely different types of permitted use. Therefore, it is important not to get confused.
For what purpose are the lands of settlements used?
So, if the general categories of land and types of permitted use are known, then some points need to be considered in more detail.
For example, the territory allocated for the organization of compact residence of people, as well as the construction of all necessary infrastructure facilities, belongs to the category of settlement sites. It has a clearly defined border and is surrounded by lands that have a different purpose.
In this case, you can name the following types of permitted use of land:
- Places where the construction of multi-storey buildings is planned. They can have different layouts: linear or chaotic. Houses are built so that they form entire neighborhoods or streets.
- Land intended for the construction of transport hubs.
- Land for the construction of one-story residential buildings.
- The territory on which the building of public utilities, industrial facilities.
- Recreational areas. Moreover, they are not always located outside the settlement.
- Land for the construction of energy facilities.
- The territory occupied by highways, roads, pipelines, communication facilities, channels.
- Plots within the cities and towns that are occupied by water bodies.
- Agricultural areas for use within the specified land category. Permitted use in this case is determined by law.
- Protected areas: parks, squares, monuments.
- The space of streets, squares.
- Reserve territories, due to which the settlement can be expanded.
On sites belonging to this category of land (the permitted use is clearly observed here), private, municipal or federal property facilities may be located to the same extent.
Agricultural land
They are usually located outside the village. The main function of these territories is the production of agricultural products. If agricultural land, the types of permitted use are as follows:
- Plots on which roads are located. This also includes exclusion bands.
- Protective strips on which vegetation is present: trees, bushes.
- There are other types of permitted use of agricultural land, for example, plots for the construction of utility buildings: sheds, warehouses.
- Hayfields, pastures, arable lands.
- Garden areas.
- Earth-deposits. They often become so as a result of cessation of their intended use. In addition, fallow plots can be used in a special way: to increase soil fertility.
As you can see, if agricultural land, the types of permitted use do not allow the construction of residential buildings on it.
Land belonging to the forest fund as well as water management
These plots are not intended for the construction or cultivation of garden crops. They usually have forest vegetation: trees, shrubs, grasses. The presented territory is intended for forestry: felling of tree species, restoration of vegetation.
As for water bodies, they can also have various types of permitted use. Some of them are located in the territory lying outside the city. Some of them can be located within the city and belong to the category of land settlements. These include natural reservoirs (rivers, lakes), water protection zones, artificial water bodies (reservoirs, canals).
Features of the use of special lands
These are the territories that are usually located outside the village. They build facilities of energy, industry, defense and security, television, communications and others.
Here, it is not the presence of a fertile soil layer that matters, but the location of the site, the presence of infrastructure specially created for a particular object. Such territories can be located compactly or in the form of a tape. The second type is more inherent in objects of transport or industry. They are characterized by a considerable length, as well as the presence of a bypass strip, which separates these areas from territories of another category. However, if the industrial facility is located within the city, then the land under it belongs to the composition of the sections of the settlement.
What types of authorized use exist?
First of all, we can distinguish the main types of permitted use of sites: the main (clearly regulated by law), auxiliary, conditionally permitted.
From the point of view of the construction of various structures, they are as follows:
- For the construction of a residential individual house in which you can register.
- With the aim of constructing agricultural buildings, in which a small production will be arranged, providing the personal needs of the owner.
- For the construction of a garden house or cottage in which people will not live and register.
- For the purpose of conducting gardening or gardening.
- For agricultural production.
Features of the use of sites
Types, categories of land provide a legitimate opportunity to control the use of the territory. However, this process has some features:
- Agricultural land is allowed to be used to build a country house, but registration in it and permanent residence is not allowed. You can also erect sheds and other outbuildings.
- If the site belongs to the category of land of settlements and is intended for individual housing construction, then it will be allowed to register in the constructed house.
- The law protects the coastal zones of water bodies. For example, within 20 meters from the coast you cannot build any buildings, it is also forbidden to fence off this zone.
- The smallest size of the plot on which the house is being built is 4 acres. It is not permitted to build without permission without agreement with the architecture department.
- In order to build a cottage on a plot of agricultural destination, just change the type of permitted use.
What if you need to use the site differently?
The type of permitted use is quite simple to change if you need to do this within the same category. Otherwise, you have to tinker, as you must contact the appropriate authorities.
For example, in order to change the category, it is necessary to file a petition with the local government on behalf of the person who is interested in the transfer. At the same time, the currently existing type of permitted use of the territory, its cadastral number, and also the type of permitted use that should be obtained are indicated.
Naturally, some documents must be attached to this application: a copy of the personal document of the owner of the site, as well as those papers that indicate his right of ownership.
Further, management bodies are required to hold public hearings of the case. At the same time, other interested parties are notified. At these hearings all opinions are expressed for and against the change in the type of permitted use of land. Based on them, an appropriate decision is made: to allow the transfer or not. The owner is then issued a resolution, after which all necessary changes are noted in the State Real Estate Cadastre.
If it is necessary to change the category of land, then the situation is much more complicated. Here the decisions of the local government are not enough. You need to contact other administrative bodies, which are at a higher level.
That's all the features of the types of permitted use and land categories. Good luck