Transfer of land to another category - features
Landowners are required to comply with the rules for using land plots depending on their belonging to a certain category. There are seven in total:
- Agricultural land.
- Reserve lands.
- Lands of populated areas.
- Land for special purposes (for industrial purposes, etc.).
- Forest Fund.
- Water fund.
- Specially protected areas.
This division is necessary to protect the land from unauthorized use, as well as to preserve its useful properties. For example, the construction of a residential building on agricultural land or the construction of a factory in areas classified as specially protected is not allowed.
If the list of permitted uses of the site does not include the activity necessary for the user, the only way to be able to carry it out is to transfer the land to another category.
However, you must have the appropriate rights to carry out this procedure.
The legal right to apply to change the category of land belongs to:
- owners;
- persons who own land plots on a leasehold basis;
- users of the allotment on the basis of inheritable ownership or permanent perpetual use.
Permission to transfer can only be given by the local administration. The procedure is carried out in a general manner, but there are exceptions. For example, residents of the Far East, Siberia and the Far North can count on individual consideration of their issue. But there are immutable rules for them too.
Thus, the transfer of territories belonging to the category of lands of settlements, as well as the introduction of new plots from other categories, is allowed only after a revision of the boundaries of the settlement in question. This point is strictly controlled by the current regulations of the Russian Federation.
How to transfer land to another category?
Since January 5, 2005, an improved version of legislative acts regulating changes in land category has been in force. An adjustment cannot be made if it is not legally permitted.
In this case, the competence to transfer land is distributed as follows:
1) the transfer of lands in federal ownership is carried out by the Government of the Russian Federation; 2) lands owned by the constituent entities of the Russian Federation, and agricultural lands owned by municipalities - by executive authorities of the constituent entities of the Russian Federation (Government of the Ulyanovsk Region); 3) lands in municipal ownership, with the exception of agricultural lands, by local government bodies; 4) privately owned lands: agricultural lands - by executive authorities of the constituent entities of the Russian Federation (Government of the Ulyanovsk Region); lands for other special purposes - by local governments.
The application is written in free form, but the text must contain the following information:
- cadastral number of the land plot;
- location address;
- current and desired categories;
- applicant details;
- information about the document giving the right to transfer the allotment to another category (extract from the Unified State Register of Real Estate, lease agreement, etc.).
The following documents are attached to the application:
- land management project with justification for changing the category;
- an extract from the Unified State Register of Real Estate, which sets out complete information about the land plot;
- a copy of a general passport (for individuals) or an extract from the Unified State Register of Legal Entities (for organizations);
- conclusion of an environmental impact assessment, if required to make changes;
- written approval of the transfer received from the owner of the site, if this is not the applicant.
The application can indicate the need to change the category of the site or the withdrawal of land from a certain category for further assignment to a new one.
Almost all documents can be obtained by the municipality independently through the use of interdepartmental exchange. However, the consent of the owner and a copy of the identity document must be attached by the applicant.
The decision on the application is made within the established time frame, namely:
- 3 months – if the application for approval is sent to the Government of the Russian Federation;
- 2 months – if the decision is made by the municipality.
The verdict is sent to the applicant within 14 days from the date of consideration. The written decision of the authorities is of unlimited duration.
Under the store
In most cases, a transfer from individual housing construction to commercial real estate is carried out precisely to start financial activities through the sale of goods in a store.
Thus, a private house, in which people could previously live, is being restored into a store, organizing the appropriate space, installation of communications, and appropriate repairs.
In this case, the procedure for re-registration of the status of a land plot does not differ from the standard sequence.
As a rule, novice entrepreneurs or already experienced directors of organizations carry out the procedure for changing status from the position of a legal entity. This significantly speeds up the process of registering commercial activities in a given territory.
If the applicant and owner of the land is a legal entity, he may indicate the following points in the application for permission:
- name of the organization – you can specify the name of the chain if another store is opening;
- entrepreneur’s details – last name, first name and other passport data;
- postal address of the company;
- organizational and legal status of the company.
Individuals simply indicate their first and last names, as well as passport details.
Such submission of an application provokes a slightly different course of the procedure - the land with individual housing construction status is automatically re-registered as a store. The course of action, as mentioned above, does not change.
Transferring from individual housing construction to commercial real estate is a long and financially expensive process, so before making a decision you should think through your plans exactly.
Is it worth it? This is especially important if you are encountering commercial activity for the first time - income may not cover expenses.
This is interesting: Do I need to pay if the management company does not provide services?
You can find the rules for developing a land plot for individual housing construction, the distance between houses: here.
About the allocation of land plots for individual housing construction, please follow the link for free.
Can they refuse to transfer land to another category?
After reviewing the documents and submitting the application, the authorized body has the right to either approve the decision on the transfer or refuse to carry out the procedure. The most common grounds for refusal are:
- lack of necessary documents;
- incorrect content of papers;
- incorrect form of documents;
- the application was submitted by a person who had no reason to do so.
If one of the mentioned grounds is present, the application will be returned to the citizen within a month with an indication of incorrectness. The deficiencies will need to be corrected and the application must be resubmitted.
In some cases, changing the category is impossible a priori, since this is not permitted by law. Such conditions include:
- direct restriction or prohibition on changing the category in the regulations of the Russian Federation;
- based on the results of the environmental assessment, a negative decision on the transfer was issued;
- the presence of a discrepancy between the adopted territory development plan and the future type of permitted use.
A negative decision by the authorities can be appealed in court. Another reason for going to court is a change in category by the municipality without the consent of the copyright holder.
The law provides for only two conditions when authorities may require this:
- Inclusion of the land plot in the environmental protection zone. In this case, the plot will remain the property of the owner.
- Adoption of a resolution to change or establish the boundaries of a populated area.
Let's consider the nuances of translation depending on the original category to which the land belongs.
Translation nuances for sections of various categories
The characteristic features of the transfer of land from different categories to another are regulated by Federal Law No. 172-FZ of December 21, 2004 “On the transfer of lands or land plots from one category to another.”
Agricultural land
If the site is particularly valuable or productive from an agricultural standpoint, transfer will likely not be possible. Exceptions do not happen often.
In addition, an unlawful change in the intended purpose of such an allotment may result in the imposition of penalties. The fine can reach 250 thousand rubles - the amount depends on the cadastral value of the plot. You should not try to circumvent the law, since punishment is inevitable in relation to agricultural land.
Changing the intended purpose is possible only under the following conditions:
- conservation of land (temporary withdrawal from circulation);
- inclusion of the site in a conservation zone;
- transferring the boundaries of a populated area;
- recognition of the site as unsuitable for agricultural activities;
- planning the construction of highways or other infrastructure structures and linear facilities;
- seizure of land for national defense purposes;
- mining;
- placement of household, medical and other facilities, if there is no other place for construction;
- fulfillment of international obligations.
According to Part 2 of Article 7 of Federal Law No. 172-FZ, changing the type of permitted use is not allowed in relation to particularly valuable and fertile areas, as well as in cases where the cadastral value of agricultural land is 50% or more higher than the average for the regional market.
Lands of settlements
The situation with changing the category of land in settlements also has a number of difficulties. This procedure is possible only when the territory in question is included in the settlement by adjusting the administrative boundaries of the settlement.
Permission for such actions is extremely difficult to obtain. In practice there are few such cases.
Special purpose lands
The transfer of special-purpose lands, in particular industrial ones, is much easier to implement than the change of plots of other categories. However, even here in some cases there are prohibitions on the procedure.
Transfer is not possible if:
- the soil layer is heavily polluted;
- there are abandoned or dilapidated buildings on the territory;
- There is a landfill on site.
But even in these cases you can try to get permission. This can be done by approving a reclamation project or taking measures to restore the surface of the land plot by decision of the owner.
Nature protection zone
Transfer of such lands to another category is possible only after an environmental assessment (Clause 1, Article 10 of Federal Law No. 172). If the decision is positive, the change is carried out according to the general rules.
If, as a result of the examination, it is discovered that a change in the type of permissible use will lead to the loss of environmental, cultural, historical, health or other important significance, then the change procedure will be refused.
Forest fund
To change the category of forest fund land, you will also need to meet certain conditions:
- adjustments must be consistent with existing documentation on territorial planning of the territory and forest management;
- changing the location of the boundaries of a settlement;
- the need to allocate plots for development or construction of linear facilities.
If the applicant does not pursue the above goals, then the transfer is possible after a positive decision as a result of an environmental assessment. This procedure is ordered on the basis of existing forest management documents in a particular region.
Water fund
The transfer of water fund areas may be justified by one of the following reasons:
- the land will be classified as a protected area;
- a settlement needs territory to change its boundaries;
- the need to locate objects of municipal or state significance if there is no other place for their equipment;
- it is planned to liquidate the water body or adjust its boundaries.
Any changes related to water bodies require an environmental assessment.
Price issue
How much does it cost to transfer individual housing construction to the commercial category of land plots? Photo No. 5
At the end of the article, we will answer a frequently asked question regarding the topic being discussed today. Namely - “How much does it cost to transfer an individual housing construction plot to the commercial category of land?”
First of all, it is important to note that in each specific case the cost of the procedure may vary, as it will be formed differently. For example, when opening a car service center with reclassification of land through the Cadastral Chamber, the costs will be insignificant, since they are often associated with the preparation of documentation, the production of its copies and the payment of state duties.
In other cases, the cost of the procedure is formed by summing up:
- prices for organizing a hearing on land transfer (from 3,000 rubles);
- the cost of processing documentation and producing copies thereof;
- prices for the services of specialists with whom consultations are carried out;
- and paid state fees.
You can learn how to transfer an apartment or residential building to a non-residential property by watching the video:
