Type and category of permitted land use. Law on Land

If you decide to build an individual house, a dacha, create your own farm, a farm with an appropriate set of premises and engineering facilities, then you need to know the legislation. What is the type and category of permitted land use, how to properly lease or own property, what troubles can meet on this difficult path and how to minimize them, avoid? Let's look at some questions in the article.

Types of land use

Every potential landowner should know what the status of the land is. So, the problem of realizing your plans, successful investment of funds and the possibility of earning income from what you are planning can be solved. Any allotment has its own specific status. After all, the use of agricultural land may be different. If the plans for building an object on the territory are contrary to its status, then they simply will not be approved. The law on land provides for changes in the drafts, clarifications. Legally, there are certain limitations. Rational use of land is very important. The fact is that inconsistency between different subjects of law creates fertile ground for manipulation and abuse. For example, land for agricultural use is not intended for the construction of residential properties on them. If you acquire territory for individual housing construction, then you can not erect buildings intended for commercial purposes. Rational use of land is considered an integral part of the development plan for the agricultural sector of the state.

Classification

What are the permitted types of land use?

• Individual housing construction;
• Personal subsidiary farming ;
• Country house building;
• Country housekeeping;
• Agricultural production;
• Farming;
• Peasant farming;
• Low-rise housing construction;
• Housing construction;
• Residential and commercial buildings.

Let's consider some of them in more detail.

Individual housing construction

Depending on what is the established type and category of permitted use of land, a given territory may be of less or greater demand. For example, to have an allotment on which the building of an apartment house can legally be allowed is the most prestigious. Such territories are in great demand. Individual construction can be allowed only within existing settlements. A separately standing residential house for a single family can be erected on this land plot (Law on Land, paragraph 3, Article 48), in which there are no more than three floors. Before entering into an agreement with a design company, make sure that the organization has an appropriate state license. Otherwise, you may have problems at the stage of agreeing the proposed project with the supervisory authorities. The construction of individual housing implies the possibility of permanent registration at the place of residence. In other words, if you have a residence permit, you can legally get a job, receive correspondence. In relation to the owners of individual housing are generally accepted social norms, mandatory must be the necessary infrastructure, communication. There are restrictions on the size of such sites in different regions of Russia. Your allotment can be taken as collateral by various banks.

LPH

If you are going to build a residential house on a plot of land with such a status, then it should be clarified in the local administration whether such construction is possible. After all, it is necessary to bring the relevant communications to the construction. This can be associated with certain problems if the site is located far from the boundaries of the settlement. If there are no such restrictions - you can safely build a house and engage in gardening and gardening.

Summer construction

The type and category of permitted land use imply various restrictions on the objects erected on it. But there is no special difference between some statuses of allotments. For example, many cottages (land for recreation with residential buildings) are no different from individual housing development, except that the territory for the construction of cottages has a lower cost. The essential difference is that it is impossible to register on such a site. However, if the site is located within the boundaries of the settlement, you will probably be able to register. But the rest of the restrictions related to IZhS, in the case of construction of the dacha, do not work. So, you can build a building above three floors, you do not need to conduct mandatory technical expertise, and even if you designate these buildings by the supervisory authorities, you will not have any questions. The choice is yours, in either case there are pros and cons. Of course, the construction of medical facilities is not provided for in dacha settlements.

Summer Cottage

Differences in the status of dacha construction from the status of summer cottage economy are that the issue of bringing communications to the residential building that you are entitled to construct can be quite complicated. Beforehand specify, how much it will be possible, calculate expenses, after all often cost of bringing in of gas, an electricity, road costs more than a site together with construction.

Horticultural and summer cottages

Lovers of country life are often united in gardening, which exist and work, guided by regulatory acts that regulate the activities of orchards and dacha associations of a non-commercial type. The type and category of permitted use of land under these provisions may vary. In particular, it can be a horticultural partnership, a consumer cooperative or a summer resort partnership. The use of agricultural land provides for the creation on them only a horticultural partnership. But the "gardeners" may well be located in the territories of the settlement. The cost of sites in horticultural partnerships is usually higher than in associations of summer residents. This is due to the fact that they have a more convenient transport connection, it is sometimes assumed that they have their own, albeit not very developed infrastructure. And the question of registration in the gardening non-profit association is essentially solved.

Agricultural production

The use of agricultural land permits the establishment of an appropriate agricultural production. At the same time, it is allowed to engage in different types of activities: from growing grain to viticulture. Specifically, the type and category of permitted use of land, as well as the rules for the construction and operation of related facilities (production facilities, warehouses, etc.), the possibility of creating engineering communication facilities is negotiated with the administration of this territory. The objects of agricultural production may be water bodies, which will be used for fish farming or watering the land.

Peasants and farmers

Are you going to start producing agricultural products with your family or by recruiting external labor? The allotment at the same time can be issued in the ownership or in rent. The land can be provided by the local municipality. When your application is considered and satisfied, you need to independently invite specialists to conduct mandatory surveying. This procedure is carried out by representatives of the land management organization. Then the allotment is put on the cadastral register, a cadastral passport is issued for it. If you make out a lease - the contract must be registered with the Federal Registration Center, if you register it in the property - get a certificate of ownership. And only after carrying out all the above operations you will be able to register yourself as a farmer, create a legal entity. The size of such a site can be very large, it all depends on your plans and possibilities. Since this is a production, you can not "hold" the land just like that, without using them for the declared purpose. In addition, you will be required to pay taxes, regularly submit reports to the relevant inspection. All property of the holding belongs to its members on the rights of joint ownership.

Housing, including low-rise construction

Unfortunately, our country in the recent period of its history has practically ceased to engage in low-rise construction, placing a stake on monolithic and paneled multi - storey buildings. This is contrary to the world trend, when such a development of suburbs and small towns and settlements is very popular. After all, the advantages of such activities are obvious. First of all low-rise construction removes excessive traffic load on city highways. Considering the scope of the Russian expanses and the obvious advantages of such development (life in the bosom of nature, but in comfortable, "urban" conditions), the trends of recent years can not be called correct and promising. All over the world, the cost price for building low-rise buildings is much lower than for high-rise buildings. This is due to relatively inexpensive construction technologies, which, of course, must go hand in hand with administrative control over compliance with technology and quality of erection. Obviously, in low-rise settlements a much more favorable ecological situation than in megacities, in terms of air composition rather resembling industrial zones. Planned complex development implies simultaneous provision of appropriate infrastructure. On the territory there are preschools, schools, hospitals, shops. In addition, the psychological state of the residents is much better here. Such a construction is beneficial for developers and in the sense that it takes less time to build such housing, risks are reduced - in a short time, which is required for the settlement, the situation on the market is unlikely to change significantly.

Legal basis

The concepts of "purposeful designation of land" and "permitted use" can be interpreted as follows: the first assumes belonging to a particular category or status, the second - an additional element arising from the zoning of territories and the legal regime. The use of allotments in town planning is based on the norms of the construction regulations, the Urban Development Code of the Russian Federation. The regulations have their own specifics in different territories. There are types of allotments for which such regulations are not available: forest fund, marshes, protected areas (reserves, nature parks), special economic zones. In accordance with the legislation of the Russian Federation, the term "permitted use" is applied to land plots planned for construction and, therefore, subject to the construction regulations. In other cases this is not required. Many issues related to the regulation of land use, the legal registration of these norms, the transfer of the category of land in particular, are not clearly resolved. Let's hope that, at a legal level, these moments will soon be determined in accordance with the dictates of the times.