The type of permitted use of the land plot is special activity. What is a conditionally permitted type of land use?

What is included in the category of lands of settlements

In accordance with Art. 83 of the Land Code of Russia, lands of settlements are areas intended exclusively for the development of cities, villages and other municipalities, as well as their development. At the same time, by virtue of clause 3 of Art. 84 of the Land Code of the Russian Federation, a private land plot included in the border of a populated area remains as such, that is, the citizen’s right of ownership to the land in this case is preserved.

Lands of settlements: types of permitted use

The purpose of land in settlements and the types of permitted use for certain purposes depend on the zone where they are located. Art. 85 of the Land Code of the Russian Federation divides settlements for 8 zones:

residential;
public and business;
recreational;
production;
agricultural;
engineering;
military;
special purpose lands.

There is also a 9th category, which is designated by law as “other territorial zones”. As a rule, it includes land plots intended for common use(streets, driveways, squares, squares, parks, etc.). Typically, such lands are part of the main zones and do not imply the possibility of privatization or obtaining private property in any other way.

What is misuse of land (responsibility and consequences)

Inappropriate use land plot- this is its exploitation in a form that does not correspond to the purpose established for this category of land.

Misuse of land is the basis for attracting administrative responsibility according to Art. 8.8 Code of Administrative Offenses of the Russian Federation. These sanctions are very significant - for citizens a fine of 0.5-1% of cadastral value plot ( minimum size fine - 10,000 rubles).

In other words, if a store is built on a site intended for the construction of a residential building, the owner will have to not only pay a fine, but also eliminate the violation, that is, demolish the building.

All information about the types of permitted use of land is subject to entry into the State Real Estate Cadastre, therefore, before making a decision to purchase a land plot, you should first familiarize yourself with its cadastral passport (can be ordered at the Cadastral Chamber of the region) to ensure the correctness of intentions (see How to obtain a cadastral passport plot of land?).

How can you use land in a populated area?

Of the 9 categories of territorial zones designated in Art. 85 of the Land Code of the Russian Federation, for individuals only 2 are interesting - residential and agricultural, since the rest do not involve acquisition land plots owned by a citizen.

So, by virtue of clause 5 of Art. 85 of the Land Code of the Russian Federation, land plots in residential areas ah can be used for the following purposes:

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individual residential development;
low-, medium- and high-rise residential developments;
construction of premises for domestic and cultural purposes.

Clause 11 Art. 85 of the Land Code of the Russian Federation allows the use of plots located on agricultural lands for the construction of buildings or premises intended for agricultural production, as well as arable lands and perennial plantings.

Important: a complete picture of the specific possibilities for using land plots can be obtained by studying the corresponding classifier approved by Order of the Ministry of Economic Development No. 540 dated September 1, 2014.

For example, if a plot is needed for individual housing construction, you need to make sure that the cadastral passport contains codes 2.0-2.7 (residential development). However, it should be borne in mind that this category does not include buildings intended for the following purposes:

simultaneous accommodation and treatment (sanatorium);
ensuring continuous production (for example, office housing for shift workers).

Which plot to buy for individual housing construction and vegetable garden

The area designated in section 2 of the classifier (codes 2.0-2.7) is suitable for this purpose. The presence of these numbers means the possibility of using the land:

for the construction of low-rise residential buildings (no higher than 3 floors, not intended to be divided into apartments);
gardening and gardening (growing fruit, vegetables, berries, agricultural plants);
construction of ancillary buildings (sheds, etc.) and garages;
construction of garden houses (requirements are similar to those for low-rise buildings);
organization of personal plots (for personal subsidiary plots);
construction of mobile homes (temporary structures suitable for living - trailers, campsites, etc. - with the ability to connect to utility networks).

Thus, individual housing construction means not only the construction of a house for living, but also the maintenance of a subsidiary plot.

What kind of land is needed for business?

If we are talking about entrepreneurial activity, you need to look for a land plot included in section 4 of the classifier (codes 4.0-4.9). On such lands it is allowed to place capital structures intended for trade, recreation, vehicle maintenance, etc.

For example, code 4.4 means the possibility of placing a capital construction facility on the site for the sale of goods. The volume of retail space should not exceed 5,000 square meters.

How else can you use land?

By virtue of Art. 37 of the Town Planning Code of Russia, the types of permitted use of land plots for each of the territorial zones designated in the Land Code of the Russian Federation are divided into 3 categories:

basic (original purpose);
conditionally permitted (possible purpose);
auxiliary.

Main types of permitted use

The main type of use is the direct purpose of the land plot in accordance with the territorial zone and location.

To select a specific type of use from the main ones, no additional approvals from the authorities are required. In other words, the owner of a land plot has the right to independently decide what he will do with the land he owns within the framework of the law and the classifier.

Conditionally permitted uses

The list of possible uses of a land plot is determined by the urban planning regulations of the region in which it is located. But in any case, to choose one of these types, the owner will have to go through the approval procedure and obtain the appropriate permission.

For example: if the construction of an object for small retail trade is indicated as a conditionally permitted type of use of land, the main purpose of which is individual housing construction, the owner must contact the regional commission for land use and development with a corresponding application. Permission is granted based on the results of public hearings.

Ancillary uses

Auxiliary types of use are allowed exclusively as a supplement to the main or conditionally permitted types and are implemented together with them.

For example, this could be the organization of underground or above-ground car parking when using land to build a store.

types (the copyright holder has the right, at his own discretion, without special approvals, to build objects named as main ones);
kinds conditionally permitted(certain conditions must be met to build an object of this type);
(facilities necessary for the operation of the first types of facilities: transformer substations, entrances to facilities, etc.).

What it is?

This type of permitted use is a list of types of capital construction projects permitted for construction on a specific site, which is distinguished by the following features:

determined in relation to each land plot, depending on its location in a particular territorial zone;
the right to construct for these types of uses arises from a person only if he goes through a certain procedure and fulfills the conditions;
permission to this type use is obtained in the form of a chapter deed local government.

Important! If the conditions for the construction of an object from conditionally permitted types are not met, official permission to grant the right to such use is not obtained, the construction of such an object will be illegal, and the already constructed object may be demolished.

The need to go through official procedures provided for by the Town Planning Code of the Russian Federation and local regulations, and this is the peculiarity of this type of land use. For main and auxiliary types, no preliminary approvals are required.

Which ones exist?

The types of conditionally permitted use of land plots can include, in fact, any possible types of use. It’s just that for one territorial zone they will be basic, for another they will be conditionally permitted: it all depends on the functionality of the zone and the decision of the authorities to determine the status of the zone.

For residential zones, conditionally permitted types of land use include:

Conversely, for public and business zones, conditional types may include:

construction of residential buildings (low-rise, high-rise);
objects, etc.;
construction of large shopping centers.

And at the same time, all of the specified types can be classified as conditionally permitted for industrial zones, and the trade zone will exclude only industrial facilities and residential buildings from the main types.

The assignment of VRI is carried out by approval of the Land Use and Development Rules by the representative body of local self-government. These rules in mandatory before approval, they are presented to the public for discussion (in the order of holding public hearings for all interested parties).

The Rules include:

general provisions (order of application, actions, etc.);
description of territorial zones (lists of uses for each of them);
an urban zoning map, which can be used to determine which zone a particular piece of land belongs to.

On a note. It is allowed to make changes to the Rules at the request of interested parties (developers and others). It will be necessary to go through the procedures of professional commission discussion, public hearings, and consideration in the local parliament.

Where are they indicated?

Land use and development rules - general document regulating urban planning throughout the municipality. Information about a separate area and its location zone can be found there: for collecting general information

It's enough. However, construction requires a more careful approach. For a separate site, it is necessary to obtain a town planning plan (GPZU). This document

is a “construction passport” of a site for the purpose of constructing any capital construction projects on it.

This document, in addition to general information about the site (number, area, category, etc.), also includes special information:
the zone to which the site is assigned is determined;
all types of permitted use are listed (including conditionally permitted VRI);
all restrictions and requirements regarding the possibility of constructing a particular facility are listed;

contains a diagram of the site, drawn up on a topographic basis, indicating the development zone, red lines, etc. Reference. To obtain a GPZU, you must contact executive bodies

local authorities (mayor's office, administration, etc.), it is prepared free of charge, within 20 working days from the date of submission of the application (). The photo below shows a sample urban plan

GPZU for a separate area.

VRI classifier In 2014, in order to unify territory planning documentation throughout Russia United approved.

Previously, such a classifier did not exist; local authorities independently formulated acceptable VRI, which led to both inconsistency between different cities and many problems in interpreting the content of VRI. This became an obstacle in obtaining construction permits for some developers.

However, the classification of a specific VRI as a conditionally permitted type within the zones still remains within the exclusive competence of local authorities. Acquainted with full list VRI can be done by referring to the order of the Ministry of Economic Development of the Russian Federation dated September 1, 2014 No. 540.

Grounds and procedure for assigning VRI

The procedure for obtaining a permit is multi-stage and is carried out in accordance with the provisions of Art. 39, art. 5.1 Town Planning Code of the Russian Federation.

Submitting an application

An organization or citizen must first contact the existing one in each municipal formation a commission that considers issues related to development and land use rules. Usually the application is accompanied by documents and justifications that describe all the advantages of the possible use of the site according to the conditionally permitted use.

Organizing and conducting public or public hearings

Based on the received application, the commission organizes open hearings, access to which is permitted to all persons. The commission publishes information in the media about the date and time, location of the hearing (determined by the commission), and also indicates in the announcement information about the person requesting permission, about the land plot, and about the requested type of use.

In addition, messages about upcoming hearings are sent via mail to the owners of all adjacent land plots.

At the hearing, after the applicant and members of the commission have given the floor on the issue under discussion, a conversation is held with the population. Citizens and representatives of organizations can express their opinions and make recommendations regarding the granting of rights.

recommend granting the applicant the right to a conditionally permitted use;
do not recommend granting the applicant the right to conditionally permitted use.

Conclusions on the results of the public discussion are published in the media.

Important! The deadline for this procedure is set: one month, calculated from the date of publication of the notice of the hearings until the date of publication of the conclusion on their results.

The results of the public discussion are discussed at a meeting of the commission, but the applicant is not allowed to attend this meeting. The commission also forms its recommendations and makes a conclusion about the advisability or impossibility of granting permission.

After this, all materials (findings of the hearings, recommendations of the commission) are sent to the head of the municipality for consideration and making a final decision.

Decision-making

The head of the municipality reviews the materials within 3 days and makes a decision. For the head of the city (settlement), the results of the hearings and the recommendations of the commission are not absolute grounds for making a decision. He must take into account the opinion of the public, but his decision does not have to coincide with it.

There are two possible solutions:

on granting the applicant the right to a conditionally permitted type of use of the site;
refusal to grant such a right.

The decision is made in the form of a resolution or other legal act and published by general rules for regulatory legal acts.

As seen, the procedure for obtaining permission for conditionally permitted use of a site is not simple, time-consuming, requires on the part of the applicant active participation at all stages.

However, there are very few alternatives to this procedure, and they are no less complex and time-consuming.

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Permitted use of land plots is an integral part of them legal regime. Establishing the permitted use of a land plot serves to determine a specific, sustainable method of its operation that corresponds to the intended purpose of the lands from which it is formed.

The legal regime of land plots is determined by several factors:

belonging to a specific category of land;
permitted use in accordance with zoning of territories;
permitted use in accordance with legal requirements.

General principles and procedures for land zoning are established by federal laws.

Categories of land plots and permitted use

Sometimes the types of permitted use of land plots are confused with the concept of “category of land”.

According to Article 7 “Composition of lands in Russian Federation» of the Land Code of the Russian Federation (LK RF), the entire land fund in the country is divided into seven categories according to its intended purpose and consists of land:

agricultural purposes;
settlements;
industry, energy, transport, communications, radio broadcasting, television, computer science, as well as land for space activities, defense, security and land for other special purposes;
specially protected areas and objects;
forest fund;
water fund;
stock.

Until the 90s of the 20th century, the legal regime of land plots was determined mainly by their belonging to a specific category of land. But during the transition from planned economy to market economy dividing land into categories alone was not enough to specify the legal regime of land plots, and the need arose for a more “selective” legal instrument. This turned out to be the legal structure called “permitted use of land.”

The first mention of the permitted use of a land plot is contained in one of the Decrees of the President of the Russian Federation, issued in 1994. And it received full legal recognition in the legislative system a few years later - in Town Planning Code Russian Federation (GrK RF) 1998 and the Land Code of the Russian Federation 2001.

Such parameters of land plots as the category of land and the type of permitted use (as well as their changes) are entered into the State Real Estate Cadastre (GKN). The basis for this is a statement from a citizen or legal entity, or act authorized body, received by the authority cadastral registration in the order of interdepartmental information interaction. federal Service state registration, cadastre and cartography (Rosreestr) carries out state control land use and identifies facts of possible violations.

Any land provided to citizens or legal entities for rent, unlimited use or possession is transferred only on the terms of its intended use.

This approach is applied to preserve land in proper form, security environment and houses and businesses adjacent to the site.

What is included in the concept of land use?

Land relations in Russia regulated by the Land Code of the Russian Federation. Regarding the use of the site, Article 40 says the following:

All sites can be used only in accordance with the assigned category, which is indicated in other documents on them.

In accordance with the intended purpose, lands are allocated:

settlements;
agricultural;
industry, transport, defense, space and other special purposes;
forest and water resources;
protected objects;
stock.

How and what land is allowed to be used?

The intended purpose of the land is to determine how to use it, which means a description of the activities that are permitted to be carried out by the tenant on the property he has. Usage information is included in .

The legislation requires strict adherence to the established standards of permitted use, which are divided into three groups:

By type of intended use, the first group includes:

country house and ;
housing construction;
dacha farming;
construction of commercial facilities;
organization of peasant farms;
agricultural land and production.

The main type of use differs from the auxiliary one only in that when choosing the second special permission will be required. It is issued by the commission after a public hearing initiated by the municipality.

Principal and accessory uses may be chosen by lot owners without obtaining a permit.

What is considered improper use of a site and what are the consequences?

Land used by owners or tenants is always under state protection. Misuse of a land plot identified by regulatory authorities, may result in administrative sanctions.

Misuse means:

use of a plot of land for other purposes, in non-compliance with the category, incomplete fulfillment of obligations;
failure to implement measures aimed at reclamation, protection and improvement of land quality.

The amount of penalties for identifying facts of using a land plot for other purposes is as follows:

for individuals (owners or tenants) – 2–5 thousand rubles;
for organizations – 80–100 thousand rubles.

IN special cases Other types of punishment are also applied to the offender:

setting the land tax rate at the level 1.5% instead of 0.3%;
deprivation of his rights to a plot of land by a court decision;
the tenant may lose the opportunity to further use the site, and the contract with him may be terminated.

Thus, an example of inappropriate use could be a situation where a holiday village was built on land allocated for agricultural work. Also, simply non-use of land and lack of “care” for it is considered inappropriate.

It matters main (predominant) use of the site. For example, if at least some vegetation is planted on it, the use may be recognized as intended when the type of “subsidiary farming” is indicated in the documents.

How to change the category of land?

If the owner’s land plot has a category that does not suit him, it is possible to change the type of permitted use(For example, ).

To do this, you need to contact the local administration with a package of documents:

For, you will additionally need:

site design;
building design;
consent in in writing all neighbors in the area;
consent of all land owners.

Documents can be submitted independently or by mail, having first made an inventory of the attachment.

A representative of the owner or tenant can also carry out the procedure if they have a power of attorney. Making a decision takes 1.5 months or more. The procedure is paid.

After receiving a positive decision, you must contact Rosreestr. All changes will be made to the property documents.

Refusal is possible in two cases:

incorrect list or missing documents;
the commission will conclude that these changes will lead to misuse plot.

In case of refusal you can file a claim.

Is it possible to combine several plots?

The consolidation of land plots means a method of forming a plot, the principles of which are described in Article 11.2 of the Land Code. You can carry out the procedure only in relation to adjacent areas. As a result, the right of one owner is formed or shared ownership(if there are initially several owners) to the land.

Merger is possible only if, during the merger process, the area will not exceed urban planning standards in area established by regional legislation.

When combining land plots with different permitted uses (for example, if one is intended for agriculture and the other for construction), you must proceed as follows:

The intended use of plots is strictly controlled government agencies. The fines are relatively small, but repeated or gross violations of established standards can even lead to deprivation of property rights.

Video: Possible categories of land when purchasing a plot

The video explains why categories for different types of land have been established in Russia.

It explains the difference between land plots according to the category of their possible use. Advice is given on which category to choose when purchasing a plot of land to build a residential building on it.