Land of settlements is ... Purpose of lands. The Land Code of the Russian Federation

The Land Code of the Russian Federation establishes the concept of "land settlements". This is the name of certain zones on which it is possible to build various kinds of objects. More about this topic will be described in the article.

Types of land

The Land Code of the Russian Federation, Article 83, prescribes the definition of populated lands: these are sites that are intended only for the development of villages, cities or districts. The development of these plots is also the responsibility of developers. What are the types of land for today ? If it is a question of permitted use, then there are eight separate zones. These include military, residential, social, business, industrial, agricultural, engineering and recreational (rehabilitation) settlements. The eighth category is, as a rule, special purpose areas. At the same time, some experts identify the ninth type of inhabited land, which includes streets, squares, thoroughfares, etc. The common name of this category is not established, but the Land Code of the Russian Federation refers to it as "other territories".

The concept of land settlements

Having dealt with what are the types of main territories, it is worth moving on to the immediate concept of land settlements. What does the legislation say about this?

There are four legal articles that allow us to identify a certain interpretation of the concept under consideration. The land of settlements is, according to the law, officially issued and certified territory, located some distance from other objects. This territory is used for construction, infrastructure, other urban or rural facilities. It is very important to adhere to clear rules regarding building and land use. The main such rules will be discussed below.

Use of land in the village

For starters, it is worth revealing a few more details of the main points concerning the direct use of land areas. As already mentioned above, there are nine main territorial species, only two of which can be used by individuals, that is, ordinary citizens. As you might guess, these are agricultural and residential areas. Why these territories are needed, how exactly are they built?

According to Article 85 of the Land Code of the Russian Federation, the land plots in question are used for such purposes as:

• Small, medium or multi-storey buildings;
• Residential or individual development;
• Building of cultural or household premises.

In this case, all of the above elements can be attributed, both to residential and to agricultural areas. However, in the case of the latter, the matter is not limited to this. So, here it is necessary to allocate perennial plantings, arable land, hangars and other important elements.

Thus, the land of settlements is a very broad and complex structure, with a multitude of different rules and regulations.

Composition of lands in settlements

According to the law, the land of settlements are divided into several basic subspecies and categories. There are four in total, and therefore each one should be told in some detail. Here's what you can distinguish here:

• Dacha non-commercial partnership, or DNP. It is easy to guess that the boundaries of a land plot of this type are set outside the city limits. Any citizen is able to acquire a certain part of the land, as a result of which he will enter the partnership itself. Thanks to this in the future, people will be able to participate in the meetings of the NPD.
• Garden non-profit partnerships - SNT. Unlike DNP, their cost is somewhat more expensive. This is due to increased fertility.
• Individual residential development - IZHS (З). This category already refers to urban, or any residential area. Presence of a registration is supposed, arrangement of a various sort of communications and elements of an infrastructure is considered necessary.
• Personal subsidiary plots (LPH). These are ordinary fields intended for sowing, harvesting, etc. The construction of residential buildings on the territory of the LPH is prohibited.

Some of the categories presented will be discussed in detail below.

Terms of land granting

The use of settlement lands, as can be seen from the above materials, can be very diverse and multifaceted. And how can you get this or that territory? On what conditions is this possible?

The lease agreement, or the special permission of the authorities, are two types of documents on the basis of which it will be possible to use any available piece of land. However, no less important than the availability of all the necessary documentation, it seems that all construction works comply with certain town-planning rules and requirements. In fact, we are talking about the observance of the boundary of the land plot, as well as the safe and qualitative erection of various kinds of objects.

Naturally, there are quite a lot of documents and laws (the same Land Code), where the conditions for granting land are spelled out in more detail. However, it is necessary to remember only two main points: documentation and compliance with the rules.

Rules of using IZHS

Individual residential development is the most common category among Russian citizens. That's why it's worth talking about it in more detail. The purpose of land in IZhS is, as already mentioned, the construction of residential complexes and infrastructure. What objects can be built here?

• Low-rise buildings (no more than three floors);
• Gardens and orchards;
• The auxiliary premises (garages, barns, pantry, basements, etc.);
• Garden houses;
• The organization of personal plots;
• Mobile homes

... and so on. At the same time, it is worth remembering that such a category of settlement land, as IZHS, requires a special cadastral assessment. This procedure will be discussed further.

Acquisition of land

Before describing such a procedure as a cadastral valuation, it is necessary to give some advice on how to formalize the acquisition or lease of land.

At the very beginning, you should study the territory itself, its type and features. Only after the competent analysis it will be possible to understand, whether it will be possible to erect this or that object on it. Before submitting all documents, it is necessary to check whether there are discrepancies between the real state of affairs and what is stated in the passport, characteristics, advertising, etc.

In the case of IZHS, land is usually owned by the state. That is why the contract of sale and purchase must be formalized with the local municipal authority. It is also worthwhile to list the main documents necessary for the purchase or lease of land in an urban settlement. This includes, first and foremost, civil and cadastral passports.

Cadastral valuation

Why is a cadastral assessment necessary? First of all, to determine the value of the object. The assessment is influenced by many different principles, conditions and situations. This is the economic situation of the state, and the location of the site, and even the identity of an eventual buyer.

From what stages is the cadastral assessment of land settlements? Here it is worth highlighting:

• Collection and analysis of information on the All-Russian market ;
• Characteristics of the location of a site;
• Estimation of possible cost;
• Registration of the analysis results;
• Final definition of cadastral value.

Evaluation is the responsibility of specially authorized employees who have received a certain education and work experience. You can contact them for help through a special Russian register.

On land tax

The registration, lease or purchase of land settlements - a collection of many different events. Calculation of land tax is also included in this system.

Land tax is always accompanied by the location, size and type of a land plot. To pay the tax is obliged either by the immediate owners of the territory, or by persons who have received the site as a legacy. On the other hand, the tax can not be paid by the persons having the right of gratuitous urgent use, or by the citizens who have concluded the lease agreement.

For all sites, 1.5% of the tax on the total cadastral amount is established. The only exceptions are agricultural lands, individual housing constructions or gardens, vegetable gardens and other economic areas. It is also worth noting that certain benefits are established for war veterans, heroes of the Russian Federation or the USSR, disabled people and some other persons.

Non-targeted use of land

Appointment of land settlements should always be only targeted. Otherwise, the Russian legislation provides for certain elements of responsibility for the use of sites not for their intended purpose. What exactly can individuals be responsible for?

According to Article 8.8 of the Administrative Code of the Russian Federation, the fine can be very significant - about 1% of the cadastral value of the territory (with a minimum amount of 10 thousand rubles). For a clearer understanding of the whole situation, it is worthwhile to give one simple example. A citizen acquires a plot to build a house on it. However, the authorities soon discover a store on the site of a residential building. As a result, a citizen pays a fine and demolishes the building.

The use of land settlements should be carried out in strict accordance with certain rules and regulations. Otherwise, the legal consequences will not be the most favorable.

Types of land use

Above, the main structural elements of the territories, their types, assessment of the settlements' lands and possible responsibility for the misuse of plots have already been indicated. For completeness of the picture, it is only necessary to supplement the topic related to possible types of sites.

Which site is purchased for doing business? In the classifier (LC RF) this is the fourth item, code 4.4. This is just the territory on which it is possible to build all sorts of capital facilities (office centers, hypermarkets, entertainment facilities, etc.).

However, it is worth returning to simple sections for individuals. Such sections are divided into three main groups. The first type of settlement land is a section of permitted use. It differs from the absence of the need for additional coordination with the authorities. The second type is conditionally permitted. Here there is a condition - the definition of a site according to the town planning regulations and its subsequent coordination. And, finally, the third type, which is called auxiliary. It refers to the two named above as an add-on (parking near the store, a playground near the entertainment center, etc.).