The type of permitted use of the Earth establishes which house can be built, which can be grown which animals to breed. We tell more about how to determine it.
The use of the site is established by the regulatory act within its intended purpose and in accordance with the territorial zoning.
Land category
The Land Code of the Russian Federation found that the land (land plots in their composition) have the target and legal mode of use. In accordance with them, each one must be attributed to a certain category. Taking into account the classifier of species of permitted use of land, the following categories of lands are distinguished:
- for agriculture;
- for settlements;
- for industry;
- Forest Fund;
- Water Fund;
- especially protected areas;
- for business management;
- for recreational zones;
- for transport;
- to ensure defense and security;
- for ritual purposes (settled cemeteries);
- special purpose (provided for for circulation of different types of waste);
- The reserve (those that are not available for use).
Purpose area
Each land plot has integer three types of destination - the main, conditionally resolved and auxiliary.Main appointment
What exactly and unconditionally can be engaged in the plot on legal grounds. The owner of the site has the right to independently choose any of the main types of permitted uses provided for by the urban planning regulations without additional permits and coordination.
Conditional appointment
Additional options for using land, which are possible, subject to the conditions prescribed by the law. For example, such conditions include coordination with the local administration and approval in public hearings.Auxiliary purpose
There is only together with the main or conditionally permitted. As a general rule, the auxiliary types of use on the site is allowed (allowed) the placement of additional objects necessary for the use or maintenance of basic objects, that is, those that are erected within the main type of permitted use of the site.
Please note: the land use and development rules typically provide for restrictions on the use of the site in accordance with the auxiliary species.
If the owner considers it necessary to use a plot in accordance with the conditionally permitted purpose, it is necessary to undergo a coordination procedure. For this, the owner of the station should send a statement on the provision of permission to the conditionally permitted type of use of the site to the commission authorized to prepare the draft land use rules and the development of the territory on which the site is located. After the statement goes to the Commission, public hearings should be appointed on the issue of permission. Based on the conclusion, according to the results of public hearings and the recommendations prepared by the Commission, the head of the local administration decides on the provision of permission or on refusal to provide it.
Consider on the example. The main purpose of the land plot; individual housing construction, a conditionally resolved type of use; hotel service, auxiliary; Parking of passenger cars. Thus, a residential building or a small hotel with parking can be erected on the plot.
Where to find out the category and type of allowed use
Information about the category of land and the form of permitted use is open.Official acts
The characteristics of the land are established including in acts of federal executive bodies, acts of the executive authorities of the constituent entities of the Russian Federation and the acts of local self-government bodies on the provision of land plots; in various treaties whose subject is land plots; in the state real estate cadastre; In the documents on state registration of rights to real estate and transactions with it.
Public Cadastral Map
The main type of site use can be found on a public cadastral map. Full official data is contained in an extract from EGRN (such an extract is issued from January 1, 2017).If there is no statement or information is needed in relation to the site, which is not in the property (for example, a realcher, notary), the document is ordered through MFC or on the Rosreestra website in electronic form.
Classifier used for all territories of the Russian Federation
By order of the Ministry of Economic Development of Russia dated September 1, 2014 No. 540 "On approval of the classifier of species of permitted use of land plots" approved the corresponding classifier, which contains a closed list of possible types of permitted use. The classifier is subject to use throughout the Russian Federation. At the same time, the types of permitted use of land plots established before the approval of the classifier are recognized as valid, regardless of the compliance of the classifier.
However, land categories and types of their permitted use are subject to periodic revision. As a result, it may turn out that the type of permitted use of the land, the classifier does not match. The owner of the site in this case is entitled to contact the authorized body with a statement to eliminate such a nonconformity. For consideration, such a statement is given a month.
The decision to establish conformity is the basis for making changes to the information of the cadastral accounting of the land plot contained in the state real estate cadastre.
Order procedure
Land category
The land category is determined by the assignment of the land plot to one or another land category or by establishing the land category.The decision to attribute land to a certain category is taken by authorized authorities based on the actual objective of the use of land, the study of natural, social, economic and other factors for the use of land. As a result, an individual legal act is published in relation to land.
Special purpose
If you need to clarify and consolidate the documented target purpose of the land plot in accordance with the current system, then we are talking about establishing the category.
The permitted use of land is determined in accordance with the project planning project, in the boundaries of which were located. At the same time, the authority is obliged to make information on the permitted use in the city planning plan of the land plot (GPSU).
What if the view is not installed
If the land is allocated for the first time, then the main and auxiliary types of use can be selected by independently using the current classifier of the permitted use of land. Subsequently, the authorities will be adopted by the regulatory legal act on the attribution of the land plot to the lands of a certain category depending on the purpose of use.
It is also possible that the land category is indicated in the right-ending documents for land or documents certifying the rights to land. If the records in these documents are contrary to the data on the affiliation of land plots to the land of a certain category specified in the documents of the State Cadastre of Real Estate, the definition of the category of land plots is carried out on the basis of the right-pointing documents on the application of the owner (owners).
For land plots made to the State Land Cadastre until 2014, the category of land is determined on the basis of the information contained in the Land-Cadastral Documentation, in accordance with which was drawn up and approved as of January 1, 2001. Report on the availability of land and distribution They are by property forms, categories, landmarks and users.
How to make changes
Despite the fact that the type of permitted use of the land plot is hardly the most important characteristic of the station, it can be changed. This can be done, as adjusting the purpose of the site and leaving it the same.The change in the purpose of land plots is carried out by the transfer of land and land plots from one category to another, which is regulated by the Federal Law "On Translated Lands or Lands from one category to another". In this case, the land plot can be assigned any kind of permitted use, based on its purpose.
If you make changes to the category of site not planned, the type of permitted use of the land plot can be selected only from the above-mentioned options for the specific category of lands.
In order to change the type of permitted use, to the local authorities at the location of the land plot, it is necessary to submit a statement (petition), in which the cadastral number of the land plot should be indicated; The category of land, which includes the land plot, and the category of land, the translation into the composition of which is expected to be implemented; Justification of the transfer of a land plot from the composition of the land of one category to another; Rights to land.
Together with the petition, represent an extract from the State Cadastre of Real Estate Objects regarding the information about the land plot, the transfer of which from the composition of the land of one category to another is supposed to be implemented; An extract from a single state register of rights to real estate and transactions with it about the rights to the land.
Package of documents
- passports or another document certifying the identity of the applicant (for legal entities - an extract from the unified state register of individual entrepreneurs or an extract from the Unified State Register of Legal Entities);
- If you act through a trustee, he will need a document confirming its powers (power of attorney);
- If there is a house on the site, it is necessary to submit to the right-ending documents for capital construction facilities;
- guidelines for land plot (certificate of registration of ownership of land plot or land lease agreement);
- the cadastral passport of the land plot (extract from the State Cadastre of Real Estate) and other documents for the land plot;
- Technical passports on capital construction facilities, located on the land plot at the time of treatment (if any).
In addition, the application can be attached:
- sketches of the planned to design object;
- draft planning organization of the land plot;
- information about the planned object of capital construction;
- The consent of the right holders of the land plot about changing the type of permitted use of the land plot or objects of capital construction (if the land is in your long-term lease);
- The consent of the copyright holders of land plots and copyright holders of capital construction facilities, located in land, bordering the land plot, in relation to which permission to change the types of permitted use of the land plot and the object of capital construction is requested;
- The conclusion of state environmental impact assessment (if its implementation is provided for by federal laws);
- Calculations of losses of agricultural production (for sites that are used for farming purposes).
Documents can be submitted personally (or through a representative) or send by mail. The fact that the package of documents is received is a receipt (if documents are sent by mail, the display is also sent to the applicant by mail).
The term of consideration of the package of documents is, as a rule, 2 months from the date of registration of the application in the general department of administration. After consideration of the application, the head of the local administration decides to change the type of permitted use of land. Otherwise, a written refusal to provide a service that can be appealed in court should be issued.
What to do next
After making a decision, it is necessary to make appropriate changes to the unified state register of rights to real estate and transactions with it. To do this, it is necessary to apply (personally or through a representative) to the territorial separation of the Rosreestra or to use a similar electronic service.If you are applying in electronic form, you will need to prepare a mid-school plan in XML format, signed by an electronic digital signature (EDS) of the cadastral engineer. Note that the application also needs to sign the EDC of the applicant.
When applying for a traditional paper form (personally or by mail with the description of attachments and with a notice of delivery) to the authority of the cadastral accounting at the location of the land plot, the following documents must be submitted:
- statement;
- passport or other document certifying the applicant's identity;
- Certificate of registration of ownership of land;
- cadastral passport of the land plot;
- The decision of the head of the local administration to change the type of permitted use of the land plot;
- Meeting plan.
The term of consideration of documents is 20 working days.
After this period, with a positive decision, a cadastral extract for the land plot should be obtained, where the changes made to the State Cadastre of Real Estate (including a new type of permitted use of the land plot).
When you can not change the category
There are several cases in which the translation of land or land plots as part of such land from one category is not allowed to another.
This happens if:
- The law establishes restrictions on the transfer of sections from one category to another or a ban on such a translation;
- There is a negative conclusion of state environmental impact assessment in the event that its implementation is provided for by federal laws;
- The inconsistency of the requested targeted land or land plots approved by territorial planning and documentation documentation, land sustainable documentation was established.
