Category of land and type of permitted use. Land category - the land of settlements

In terms of "land category" and "type of permitted use" there is often confusion. It is not easy to understand the difference between these terms to the non-specialist. And yet they have distinctive differences. And the difference is very useful in order to avoid legal problems for those who will face a change in the legal status of the land.

Let's understand

The concepts of "land category" and "type of permitted use" are in fact mutually complementary. But the term "category" as a whole is more general in nature, and the other "species" exists to clarify the options for the possible use of a site within a category.

For example, if the land categories include agricultural land, they may have a basic and a couple of additional uses. For the concept of "category" this association of terms is not allowed. That is, for example, the same site can not at the same time relate to the forest fund and is intended for industrial construction or the erection of an apartment house.

What are they like?

The current legislation allocates strictly defined categories of land allocation. They consist of:

- Settlement lands;

- agricultural;

- special purpose (used for transport needs, communications and industrial tasks);

- reserves, reserves and other protected areas, which have the status of historical and cultural or of scientific interest;

- water and forest funds;

- reserve.

Any of the sites in the country can be attributed exclusively to one of any given category of land. Land, the permitted use of which is required to be changed in the interests of regional development, are under the jurisdiction of the legislative bodies of the subjects of the Russian Federation, which are entitled to take such a decision.

Division by species

By what criteria is the division of the territories of villages and cities? Its principles are based on areas associated with the deployment of residential, industrial and other facilities. For example, if a specific part of the city serves for decades as a workplace for a large-scale industrial enterprise, no one will be able to build a kindergarten or an apartment building close to it. This is due to the need to comply with the legally approved standards concerning the distances between the industrial zone and residential areas.

The Land Code of the Russian Federation (the provisions of Article 85) distinguishes between 8 zones for various purposes that may exist within the boundaries of any locality. This refers to residential areas, lands designated for public development institutions (offices, schools, clinics and the like), resort and recreational areas (sanatoria and parks), agricultural and industrial, intended for the development of transport infrastructure, as well as facilities of the Ministry of Defense of the Russian Federation , Special purpose zones and other.

Additional points

Each of the territorial zones legally has the right to use as a few strictly defined additional types. In particular, the town planning regulations allow residential houses to be built within residential blocks (multi-storey, medium-storey and mixed type). This provision is provided for in clause 5 of the same article number 85 of the RF LC.

Similar nuances and requirements exist for any other zone of each settlement. To change the nature of the use of land is not arbitrarily permitted to anyone. In case of detection of violations, it is permissible for them to face considerable fines, and illegal construction must be demolished. More and more recently, local authorities, using heavy equipment, eliminate the so-called small architectural forms, which include all the diversity of existing pavilions and kiosks.

How to change the type of permitted use

If you do not have information about which category of land use (or type) the site belongs to, this should not be a problem. All the necessary data can be obtained by reading the cadastral documentation or by requesting an extract on the website of Rosreestr. As a rule, all landowners are aware of which category of land belongs to their site, what kind of object it is possible to build on it, and what - under a categorical prohibition. A more serious problem for most of them is overcoming the procedure for changing the permitted type of use.

Since by law the construction that contradicts the cadastral passport is not allowed, the only way out for the owner is to file a petition requesting the appropriation of one of the additional uses. This option is quite common and is a legitimate opportunity to change the status of the site. They resort to it when it is required to open a store or some other object with a social purpose.

Not so simple

To think that by submitting a petition, the applicant will automatically achieve the transfer of land of one category to another or change the type of permitted use, should not be. This is not done only at the request of the owner. The owner (or tenant) must put forward a serious justification for the expediency of such a petition. He has to prove that the changes he is seeking will play a positive role in the social development of the locality. The distribution of land by category and the change in destination are a very serious issue, and the applicant should be prepared for a heated discussion on this topic at a meeting of the local council (its land commission) or at a parliamentary session.

The application is made, as a rule, in a free form proceeding from standard rules of submission of applications and references to any of state institutions. Together with him, the applicant will need to present a cadastral extract and a copy of the title deed relating to the land. That is, the contract of privatization, donation or sale, a certificate of the right to inherit. A petition submitted to them must be considered within a period of not more than two months. If the case ends with a refusal to satisfy the request, you can try to solve it in court. But only when the negative decision looks incompetent for reasonably good reasons.

What is the category of agricultural land

What are the options for their use? Like other types of land use categories, agricultural plots are of certain varieties, of which there may be several. Having read the provisions of paragraph 11 of Article 85 of the RF LC, we will see that agricultural land is allowed to "use" in one of the following options:

1. As pastures and hayfields.

2. As the gardens.

3. As areas of agricultural production (including livestock).

4. As suburban areas.

5. As homestead farm plots.

6. As the land of industrial facilities, which include power lines, high pressure pipelines, roads.

7. Like fallow lands.

How to save rural areas

Territories of this category of land (agricultural) can be subject to change in the form of their application. But even here there are a lot of serious nuances and limitations, due to which it is impossible to stop or change one of the types of agricultural production, based only on the owner's desire.

In particular, it is forbidden to change the category of a site in case its cadastral value exceeds the average for the region by 50% or more. In practice, this rule applies to the lands of gardens and territories on which perennial valuable crops are grown. It serves to prevent the reduction of the areas of these sites and other valuable objects of agricultural purpose.

Land category "land of settlements"

If you are interested in the idea of buying an inexpensive site with a dilapidated house located in the immediate vicinity of a busy road or a transport stop, first of all, specify the code of the classifier that further use of this land is possible. Such information is also taken from the cadastral passport of the facility as a result of receiving an extract from Rosreestr.

If the code of the mentioned site belongs to the list from 2.0 to 2.7 of the classifier, this means the following: everything that a buyer can build on a given land is a low-rise residential house. Of course, no one will prevent him from smashing a household plot, a small greenhouse, or a private garage next to his dwelling. But for commercial purposes, this land can not be used.

For these purposes, you need a site with business-class codes (4.0-4.9). Belonging to this interval allows you to have on-site capital structures of a stationary nature. For example, a shop or a shopping and entertainment complex (code 4.2), an office building (code 4.1), an insurance office or a bank (code 4.5), a market (code 4.3), a restaurant, a cafe or a canteen (code 4.6), a hotel (code 4.7) , Entertaining institution (code 4.8), car service or car park (code 4.9).

On the purchase of land in the city

If the code you need in the cadastral passport is not found, this does not mean that the purchase will not take place. In case of placement of your chosen site in a public, industrial or a zone designed for transport infrastructure, it is quite possible to add an additional conditionally permitted version of use to the main one.

How successful the solution of this issue will be depends directly on the position of the local administration (in particular, its land administration). If the building you are planning to erect uniquely works towards the development of the city and the creation of additional jobs, it is in the interests of local authorities to meet you.

... and everything else

The 83rd article of the Land Code of the Russian Federation plots referring to the land category of settlements, is intended for the development and development of villages, cities and other municipalities. According to clause 3 of Article 84 of the Code, if the private site is included in the boundaries of a settlement, its status remains. That is, its owner continues to enjoy the right of ownership.

In addition to the above-mentioned zones of the territory of cities, there is still an additional category - lands that fall under the designation of "other territorial zones." This can include all those sites whose purpose is common use. That is, roads, squares, streets, squares, etc. Most often, they are included in one of the main zones. Such plots can not be privatized or transferred to private ownership in some other way.

On the misuse of land

What is meant by this term? Unauthorized use of a land plot is considered to be its exploitation not in accordance with the purpose determined for a given land category. This action falls under the definition of the violation and entails administrative liability under Article 8.8 of the Administrative Code of the Russian Federation.

The size of sanctions can be very significant. A citizen (an individual) is to pay a fine, the amount of which depends on the cadastral value of the plot and is 0.5-1% of it. At the same time, the minimum fine can not be less than 10,000 rubles. By the way, if you decide to build, say, a store on a site that is not designed for that, you will not only be required to pay a fine, but also work to demolish illegal construction.

Any information on what type of permitted use the site belongs to is entered in the State Cadastre of Real Estate. That is why it is recommended that any operations with land be preceded by an introduction to the site's passport.

What can I do in the village

Of those nine categories of residential areas, an indication of which contains the 85th article of the LC RF, individuals have a sense of interest in only two - residential and agricultural. Since the rest can not in any way be in the ownership of an individual citizen. According to paragraph 5 of Article 85 of the Law of the RF, the use of land in a residential area can be as follows:

1. For individual residential development.

2. For small, medium and multi-storey residential buildings.

3. For the construction of cultural or household facilities.

According to point 11 of the same article, the plots located within the agricultural land can be used for the purposes of building premises and buildings, the purpose of which is agricultural production. Another possible option for their use is for arable land and perennial plantations. If you are planning a site for individual housing construction, check the availability of the code in the cadastral passport relating to residential development (2.0 - 2.7).

But remember that there can not be attributed a building, the purpose of which is accommodation with simultaneous treatment (sanatorium) or maintenance of needs for continuous production (office accommodation for shift workers).

To the private builder

If you are planning IZHS (individual housing construction), as well as the cultivation of the garden, refer to the same section number 2 of the classifier. The above mentioned codes indicate that the land can be used for the erection of a low-rise building without dividing into apartments (no more than 3 floors), the construction of land structures such as garages and sheds, for garden construction (requirements for such houses are similar to paragraph 1), personal subsidiary farming on the backyard Site, the construction of temporary, mobile and other premises suitable for living, that is, campsites, trailers, etc. This implies the possibility of connecting them to utility systems.

As we see, the concept of individual housing construction includes, in addition to erecting the house itself, the organization of personal subsidiary farming.

If you are a businessman

Anyone who plans an entrepreneurial activity should look for a land plot equipped with a classifier code of 4.0-4.9. It is this kind of land that presupposes the erection of capital facilities on it, the purpose of which is rest, trade, car service and the like. Suppose, having got into the property a site with code 4.4, you can build on it a shop, and the area - no more than 5000 square meters.

About other uses of land

According to the 37th article of the Town Planning Code, the types of permitted use of plots of any territorial zone can be:

1. Basic (it is about the original purpose).

2. Conditionally permitted (implied possible destination).

3. Auxiliary.

Let's take a closer look at each of them. The main view implies compliance with the immediate purpose of the site according to localization and the territorial zone. To use the land according to the main type, no additional permits and approvals are required with the administration. That is, the owner independently plans how to dispose of the plot within the classifier and category of land.

Regarding the conditionally permitted types of its use, their list is regulated by the town-planning legislation of the region to which the site belongs. But in all cases, to choose any of these species, the owner is obliged to agree with the authorities and obtain the necessary permission.

How does it look in practice? Suppose the main purpose of the site - IZHS. At the same time, the conditionally permitted type of its use is the erection of a commercial object. To obtain a building permit, the owner must refer the application to the regional commission that decides land use issues. The answer will be received as a result of public hearings.

As for ancillary uses, they are allowed only as additions to the first two varieties and can only be implemented together with them. For clarity: if the site is allowed to build a store, an auxiliary view can be an organization, for example, parking (ground or underground).