What are the categories of land?
The composition of lands on the territory of Russia is regulated by Art. 7 of the Land Code. According to the law, there are seven categories of land:
- Land intended for agricultural needs.
- Lands of populated areas.
- Land plots for special purposes (intended for the purposes of industry, transport, communications, defense, security, etc.).
- Lands of specially protected areas and objects.
- Forest fund lands.
- Water fund lands.
- Reserve lands (areas that are currently unused and are in the country’s reserves).
The legal regime of certain categories of land may provide for special conditions. This is necessary to preserve the natural characteristics inherent in the territory (for example, areas of national parks).
Each category has several types of permissible use of land. Read on to find out what “permitted use of land” is.
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:
- retail facilities in separate buildings;
- public catering buildings;
- offices, business and administrative buildings;
- medical institutions, etc.
Conversely, for public and business zones, conditional types may include:
- construction of residential buildings (low-rise, high-rise);
- individual housing construction 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 must be presented to the public for discussion before approval (by way of 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.
Types of permitted use of land plots
The permitted use of a land plot is a clarifying characteristic showing the purpose of the territory. You can use the site, even if it is owned, only in accordance with its belonging to a certain type of permitted use.
There are more than 3,000 possible types of permitted use. All of them are listed in the classifier, which was established by order of the Ministry of Economic Development of Russia dated September 1, 2014 No. 540 “On approval of the classifier of types of permitted use of land plots.”
Using a land plot for other than its intended purpose is grounds for bringing the violator to administrative liability.
The fine for using land for other purposes is quite significant - up to 1% of the cadastral value, but not less than 10,000 rubles. Penalties are imposed in accordance with Art. 8.8 Code of Administrative Offenses of the Russian Federation.
In addition, if the owner has placed a retail outlet on a site whose permitted use is the construction of a residential building, he will have to not only pay a fine, but also demolish the non-purpose structure.
Before purchasing a plot of land, it is worth clarifying the type of permitted use. As a rule, it is registered in the cadastral passport.
Mainly two categories of land are involved in active turnover: agricultural land and residential land. Despite the fact that forest areas can also be registered as private property, citizens rarely use this.
How to obtain permission for a conditionally permitted type of use of an object in the Moscow region
Permission for a conditionally permitted type of land plot or capital construction project can be obtained online on the portal of state and municipal services of the Moscow region. Read about how to get the service and to whom it is provided in the material of the mosreg.ru portal.
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Who can receive the service
Source: Photobank of the Moscow region
The service can be received by individuals, individual entrepreneurs, and legal entities who are legal owners of land plots.
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Procedure for obtaining the service
Source: , pixabay.com
For each territorial zone, conditionally permitted types of land use are established. The service can be obtained if there are approved rules for land use and development of the settlement or urban district on the territory of which the land plot is located.
The applicant must select the requested type of permitted use from the list of conditionally permitted species established in the PZZ for the territorial zone.
As part of the provision of services, a procedure of public discussions or public hearings is carried out. The costs associated with organizing and conducting public discussions are borne by the applicant.
The service is provided for 47 days free of charge.
The result of the provision of the service is an order to grant permission for a conditionally permitted type of use of a land plot or capital construction facility or a refusal.
In cases provided for by law, the applicant is obliged to pay the full fee for changing the type of permitted use of the land plot within thirty days from the date of receipt of the notification.
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Required documents
Source: RIAMO, Anastasia Osipova
The applicant must submit:
— an application for permission for a conditionally permitted type of use of a land plot or capital construction facility in the Moscow region;
— consent of the participants in shared ownership;
— title documents for a land plot and (or) capital construction project;
- passport.
If desired, you can provide an extract from the Unified State Register of Legal Entities, an extract from the Unified State Register of Legal Entities, and an extract from the Information System for Supporting Urban Development Activities (ISOGD).
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Grounds for refusal
Source: Main Directorate of State Construction Supervision of the Moscow Region
An applicant may be refused documents if:
— if the electronic signature on the documents does not belong to the applicant;
— an incomplete set of documents is provided;
— documents containing uncertified corrections have been submitted;
— documents are presented whose text cannot be read;
— low-quality electronic copies of documents are presented;
— the document confirming the authority of the applicant’s representative has expired;
— the required fields in the application for RPGU were filled in incorrectly.
The provision of services may be refused if:
— forest fund lands are superimposed on the boundaries of the land plot in question;
— contradictions were found in the documents and information received;
- PZZs for the territory of a settlement or urban district have not been approved;
— the applicant’s rights to the land plot were terminated after registration of the application;
— the application was submitted for an unformed land plot.
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Lands of settlements: types of permitted use
The lands of settlements have a clear boundary. Such areas are intended for the residence of citizens and the placement of the necessary infrastructure.
All land in settlements is divided into zones. They are listed in Art. 85 of the Land Code of the Russian Federation. There are nine such territorial zones of settlement lands:
- Residential areas.
- Social and business.
- Production.
- Engineering and transport infrastructures.
- Recreational areas.
- Areas of agricultural use.
- Special purpose zones.
- Military facilities.
- Other land plots.
Each zone has its own types of permitted use. Citizens are only interested in residential and agricultural zones, since they can be transferred into ownership.
Land plots located in residential zones have the following types of permitted use:
- Individual housing construction (individual housing construction);
- Private household plot (personal subsidiary plot);
- DNP (dacha development).
Construction is possible on each of these sites. However, there are significant differences.
Land plots intended for residential development and private household plots imply the possibility of development, regardless of the required dimensions. But there is a significant disadvantage - it is very difficult to register in such areas.
Buildings on individual housing construction lands are maintained in the same way as buildings in urban settlements. The owner has the right to register here freely. Although there are no restrictions on the dimensions of buildings, the construction project will need to be agreed upon with the municipality. The disadvantage of individual housing construction plots is the increased tax rate relative to DNP lands.
What is this concept?
The use of all land plots, regardless of the property rights assigned to them, must be carried out exclusively for their intended purpose.
In this regard, a mandatory definition of one or more types of permitted use is required. They are established in the process of categorizing territories and their zoning.
To establish this characteristic of a specific plot of land, you should verify the presence or absence of the corresponding document in the municipality - Land Use and Development Rules. In accordance with it, the territory is divided into zones for which VRI are established. According to the current Civil Code of the Russian Federation, the following classification of VRI land plots has been adopted.
The main VRI are considered to be types of land use, the definition of which does not require additional permission from government agencies. Conditionally permitted are forms of land use, the use of which is carried out after the implementation of public procedures and receipt of the appropriate permit.
Auxiliary VRI are defined as additional to the designated two types. Auxiliary types of permitted use of land plots are intended to clarify the already existing intended purpose of the territory. The need for such an addition may arise in connection with the owner’s desire to erect a fence, garage, or other small object on his property.
Useful material about some types of permitted uses and their differences:
- Individual housing construction.
- LPH.
- Private household plots and individual housing construction.
- Peasant farms and private household plots.
- SNT and individual housing construction.
And if you are interested in all types, we recommend turning to the VRI classifier.
Types of permitted use of agricultural land
Agricultural lands are located outside the boundaries of settlements. Hayfields, pastures, gardens, arable lands and buildings can be located here.
The intended purpose of agricultural land for citizens may be as follows:
- Personal farming. Installed with or without a building permit.
- Country construction. The construction of a suburban residential building is allowed here. Unlike development on settlement lands, the construction project does not need to be approved.
- Horticulture, animal husbandry, crop production, etc.
A significant disadvantage of acquiring ownership of agricultural plots is the almost complete impossibility of registering in a constructed residential building.
Types of land use for individual housing construction, vegetable gardens and business according to the classifier
For the purposes of individual development and personal farming, plots with codes 2.0 – 2.7 in section 2 of the classifier are suitable. These numbers mean that the land can be used for the following purposes:
- construction of low-rise residential buildings (up to 3 floors, not implying apartment division);
- growing fruits, berries, vegetables and other agricultural crops (gardening and horticulture);
- ancillary buildings (construction of sheds, garages, etc.);
- construction of garden buildings;
- maintaining personal subsidiary plots and organizing a plot;
- construction of temporary mobile structures with the ability to connect to general technical networks (trailers, campsites, etc.).
When planning business activities, a land plot that has the type of permitted use provided for in section 4 of the classifier (codes 4.0-4.9) is suitable. The intended purpose of such sites allows for the placement of capital construction projects built for trade, transport services, recreation, entertainment, etc.
What other types of permitted land use are there?
The Town Planning Code establishes three options for the types of permitted land use. According to Art. 37 Civil Code of the Russian Federation exist:
- main types of permitted use;
- conditionally permitted types of land use;
- auxiliary types.
The main types of permitted use of land plots are listed in the classifier. They are not subject to additional approval from authorities. This means that the owner has the right to dispose of the site at his own discretion within the framework of the law and the classifier.
It is impossible to provide for everything with a classifier. Therefore, there are conditionally permitted types of land use. This provides an opportunity to expand legal uses of the land if necessary. The list of conditionally permitted species is established at the local level.
To establish an additional type of permissible use on your site, you must go through the approval procedure with the municipality and the Land Use and Development Commission. This may be required, for example, if you plan to build a retail outlet for selling small retail goods on your site intended for individual housing construction.
Auxiliary types of permitted use are used to clarify the existing intended purpose. Such an addition may be required if the owner wants to build a fence, garage or other small object on his property.
What is a conditionally permitted type of land use?
The name of the type speaks for itself: the use of this VRI is possible only under certain conditions. It must be agreed upon with the Land Use and Development Commission.
The main VRI law allows it to be replaced with a conditionally permitted one only in some cases. In this case, there should not be any serious contradictions between them. For example, an office building or temporary retail outlet can be placed on the site.
Conditionally permitted types of VRI are divided into the following groups:
- Individual residential buildings, the size of which exceeds those permitted for the given zone;
- Gyms;
- Swimming pools;
- FAP, emergency room, hospital;
- Administrative buildings;
- Offices of organizations;
- Parking lots of temporary or permanent type;
- Temporary retail outlets.
Which species of the above listed are allowed in a given area are indicated in the regulatory documentation for it. To apply a specific direction to a specified piece of land, it is necessary to go through a certain procedure.
First you need to coordinate this with the Land Use and Development Department and go through the public hearing procedure. All interested parties (officials, residents, representatives of organizations, etc.) are invited to attend and express their attitude to this initiative.
