Determining the intended purpose of a plot, land for calculating land tax and fees for the use of land plots in 2020

Briefly about the service

What to do if, in accordance with all documents, the functional purpose of the premises is defined as one (pharmacy, store, dentistry, beauty salon, restaurant, office, etc.) and you plan to use it for other purposes?
Many questions arise like: “Who should I contact?”, “Where to start?”, “What to do?”, “What documents will be needed?”, “What are the deadlines for receiving documents?”, “What is the procedure for obtaining the desired document in which will your right to use the premises for your needs be clearly recognized? "

Legal specialists will answer all your questions, receive the necessary documents and go through all the stages required by law so that you can use the premises for your needs, namely:

1. Carrying out a technical inventory with the production of a technical passport for the premises
2. Coordination of the functional purpose of non-residential premises with local authorities at the location of the facility
3. Concluding a share participation agreement, obtaining a certificate of share participation
4. Registration of rights to premises with the State Registration Service of Ukraine

So, you have received a plot of land!!! Now you are faced with the question of its further use. Land legislation establishes that a land plot must be used only in accordance with its intended purpose, that is, for the purpose for which it was provided by the executive committee.

If, for example, a plot of land is provided to a citizen for the construction and maintenance of a residential building, then it should be used only for this purpose. In turn, land plots provided for personal farming or gardening should be used for growing agricultural products, but not for housing construction. The rule of using land plots for their intended purpose also applies to entrepreneurs and legal entities. When a plot of land is provided to them for the construction of a grocery store, then a store should be built on it, and not a car repair shop.

By the way, for the use of a land plot not for its intended purpose, administrative liability is provided for citizens up to 1 million Belarusian rubles , entrepreneurs - 2.5 million rubles, legal entities - 10 million rubles.

However, both citizens and entrepreneurs, legal entities, for objective reasons, may need to change the intended purpose of land plots.

The procedure for changing the intended purpose of land plots is regulated by the Regulations approved by Government Decree No. 1780. In accordance with it, a person interested in changing the intended purpose of a land plot applies to the local executive committee at the location of the requested land plot, and if an entrepreneur or legal entity is a resident of the free economic zone "Gomel-Raton", then to the administration of the free economic zone.

The regulation establishes that decisions to change the intended purpose can only be made in relation to already provided land plots, the rights to which are registered in the unified state register of real estate, rights to it and transactions with it, in cases not prohibited by law.

It should be noted right away that the legislation prohibits changing the intended purpose of land plots provided to citizens for running personal subsidiary plots.

If a change in the intended purpose of a land plot provided to an entrepreneur or legal entity is associated with the need for construction or reconstruction of buildings and structures located on it, then, in accordance with the Regulations, the decision to change the intended purpose is made by the executive committee simultaneously with the decision to authorize design and survey work and can be adopted by the local executive committee when approving the act of acceptance into operation of a constructed or reconstructed facility.

The decision to change the intended purpose of a land plot provided to a citizen for the construction and maintenance of a residential building is made simultaneously with the decision of the local executive committee to transfer residential premises to non-residential premises in the manner prescribed by law. In such a decision, the further intended use of the land plot is immediately determined.

At the same time, Presidential Decree No. 431 currently establishes the possibility for citizens to use land plots provided for the construction and maintenance of a residential building, an apartment in it, as well as for running personal subsidiary plots, without changing their intended purpose and without carrying out reconstruction of residential buildings , apartments and non-residential buildings in the local area for craft activities, activities for the provision of services in the field of agroecotourism, and business activities.

The decision to authorize the use of land plots without changing their intended purpose is made by the local executive committee based on a citizen’s application, provided that such activities do not violate the legislation on architectural and construction activities.

At the same time, the placement of industrial production facilities, as well as objects prohibited by urban planning, environmental protection, fire safety and sanitary requirements, on land plots is not allowed.

Cost of services

What is included in our services

• consultations on changing functional purpose
• preparation of an application and the necessary package of documents to obtain a conclusion on a change in functional purpose
• representation of the client’s interests when submitting the required package of documents to local government authorities
• obtaining a conclusion on a change in functional purpose
• if necessary – carrying out a technical inventory with the production of a technical passport

5 reasons to order from us

• Our company has been providing services in this area since 2008
• We have repeatedly supported the process of obtaining an opinion regarding a change in functional purpose
• Initial consultation – free
• And finally, the best characteristic of our work is our clients.

Contact us and we are guaranteed to achieve the result you want!

How to understand the use and purpose

The very construction of the above phrase allows for several interpretations:

• use is synonymous with purpose;
• opening the brackets, we can read “intended purpose or intended use”;
• Having opened the brackets, we can read “intended purpose or use.”

Obviously, the content of the moratorium (in this part) will differ depending on the chosen interpretation.

According to the first (simplest) option, the word “use” added in brackets does not affect anything - the prohibition remains the same.

The second option requires clarification of the term “intended use” itself (see below).

Finally, the third option provides too much freedom in the broad interpretation of the moratorium. In particular, a change in use can be understood as a change in land (say, the conversion of arable land to perennial crops or pastures to arable land), and (let’s take the situation to the point of absurdity) a change in the type of crops (the land was used for sowing wheat, but they began to grow corn).

So which option is right?

Details about the service

The functional purpose of non-residential premises is an acceptable way to use these premises.

If the premises were previously used as an office, and you need to place a store/dentistry/hairdresser, etc. there, you must find information about the functional purpose in the design documentation and title documents for the premises. In the case where such information is missing, your premises are so-called “free use”. If the functional purpose is directly indicated and it does not suit you, it is necessary to carry out a partial reconstruction or complete re-equipment with a subsequent change of functional purpose.

To obtain approval for the functional purpose of the premises (building), you must submit an application to the local government authorities at the location of the facility.

The procedure for changing/coordinating the functional purpose of non-residential premises

List of documents required to change/approval of the functional purpose of non-residential premises

* Y - Prepared by JUSTICON company, K - Provided by the client

Legal, having many years of experience, offers you a full range of legal services for changing the functional purpose of non-residential premises

Legislation

Law of Ukraine “On the regulation of urban planning activities”

Changing the purpose of land plots: there are innovations

Some changes were made to the Regulations on the procedure for changing the intended purpose of land plots, approved by Resolution of the Council of Ministers of the Republic of Belarus dated November 30, 2011 No. 1780 (hereinafter referred to as the Regulations), and by Resolution of the Council of Ministers of the Republic of Belarus dated May 25, 2018 No. 398 (hereinafter referred to as Resolution No. 398). additions.

In particular, the list of documents that are attached to the application to change the intended purpose of a land plot has undergone changes. Now, Part 4, Clause 4 of the Regulations states that such an application is accompanied by:

• a copy of a document confirming the state registration of a legal entity or individual entrepreneur, without notarization, or a copy of a document containing identification information about a citizen;
• copies of documents certifying the rights to a land plot and capital structures (buildings, structures) located on this site, or extracts from the registration book about rights, restrictions (encumbrances) of rights to a land plot and capital structures (buildings, structures) located on this plot;
• copies of technical passports for capital structures (buildings, structures) or statements of technical characteristics for capital structures (buildings, structures);
• justification for changing the intended purpose of the land plot, including financial and economic;
• design documentation developed in accordance with the established procedure for the construction or reconstruction project (if available);
• an act of acceptance of an object into operation or a decision of the local executive committee on the acceptance of an unauthorized building into operation and its state registration in the prescribed manner;
• information about sources of financing if the further use of the land plot is related to construction activities;
• written consent of tenants, mortgagees, holders of easements and other rights, restrictions (encumbrances) on rights to the land plot and real estate located on it, and in the absence of such consent - a copy of the court decision on changing the intended purpose of the land plot;
• documents confirming the powers of representatives (in case of actions on behalf and in the interests of another person).

Also, in parts 1 - 3 of clause 5 of the Regulations, the land management service is replaced by a structural unit of the relevant local executive committee, exercising state powers in the field of land use and protection. It is also established that the decision to change the intended purpose of a land plot is made by the local executive committee within 5 working days from the date it receives the corresponding draft decision.

The remaining provisions of the Regulations have not undergone any changes.

Resolution No. 398 comes into force on June 1, 2018.

Functional purpose of the building

Advice from lawyers:

1. Reconstruction and redevelopment of residential premises with a separate entrance for the purpose of further transfer to non-residential premises of the store is reconstruction, due to a change in the functional purpose of the premises. I'm right? Decree of the Moscow Government of October 2, 2001 N 894-PP “On approval of Moscow city building standards (MGSN) 3.01-01 “Residential buildings”

1.1. Anna, the grounds and procedure for the reconstruction and redevelopment of residential premises are regulated by the norms of Chapter 4 of the Housing Code of the Russian Federation. In accordance with Art. 25 of the RF Housing Code, reconstruction of a residential premises is the installation, replacement or transfer of utility networks, sanitary, electrical or other equipment that requires changes to the technical passport of the residential premises. Redevelopment of a residential premises is a change in its configuration, requiring changes to the technical passport of the residential premises. In accordance with paragraph 14 of Art. 1 of the Town Planning Code of the Russian Federation (hereinafter referred to as the Civil Code of the Russian Federation), reconstruction is a change in the parameters of capital construction projects, their parts (height, number of floors, area, production capacity indicators, volume) and the quality of engineering and technical support. If we talk about the relationship between these concepts, the main difference lies in the procedure for carrying out and agreeing on the procedures. When carrying out redevelopment and redevelopment of residential premises, the consent of the owners of the premises of an apartment building is not required, except in the case where the redevelopment and (or) redevelopment of the premises is impossible without joining them parts of the common property in an apartment building. For such reconstruction and (or) redevelopment of premises, the consent of all owners of premises in an apartment building must be obtained. It is important to determine whether the installation of a separate entrance is a reconstruction of an apartment building. Based on judicial practice, the installation of a separate entrance is usually a reconstruction.

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Consultation on your issue

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2. What is the procedure, what documents are needed and what is the period for changing the functional purpose of a building, premises and permitted use of a land plot in Moscow?

2.1. If you want to receive a more detailed consultation, then you need to describe the situation in its entirety. Since both the location of the building and the land plot matter, as well as the type of permitted use of the land plot... Consultation is paid - it depends on the complexity of the situation.

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3. According to the donation agreement of 1991, a barn is listed. 3 years after the contract was signed, the functional purpose of the non-residential building changed to a kitchen through refurbishment. At the same time, the area and layout of the premises were preserved. Thus, in the donation agreement dated 1991, the barn is listed, and in the technical passport of 1994 - the kitchen. How to get a cadastral passport for a non-residential building, but not a barn, but a kitchen?

3.1. You need to contact a cadastral engineer and clarify the information in the cadastre.

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4. A 5-story utility building has been built and put into operation, the property has been registered, the land is also owned... can I change the functional purpose of this building to a hotel? Procedure?

4.1. You can, but you need to change the purpose of the land plot - contact the Moscow Region administration, they will explain everything to you.

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5. The building is registered in Rosreestr as a fire station. It will undergo major repairs (not reconstruction) to accommodate a municipal institution (administrative and utility structure). The permitted use of the land has already been changed accordingly. How to change the functional purpose of a building so that it is not called a fire station?

5.1. Hello, Galina Sergeevna. In theory, a change in the purpose of use of the building should be based on the Decree of the City (District) Administration on the transfer of the building to the railway department under administrative bits. An institution where the purpose of the building or the purpose of its operation will be described. Plus compliance with the intended purpose of the land. plot (see cadastral plan of the plot). It is possible that after a major overhaul, an architectural opinion will be required to change the purpose (it’s easier to check on site, in the department of architecture of the city/region). Good luck to you!

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5.2. The purpose of the building is changed at public hearings in the Taganrog administration.

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6. The following situation has arisen: the intended purpose of the premises being owned (used) does not correspond to the type of activity of the State institution. And therefore there was a need to change the purpose (functional) purpose of the premises. Namely, we want to convert the rest home building into a dormitory for employees. What do we need to do for this?

6.1. Hello, Natalia! Repurposing or changing the intended purpose of an object involves re-equipping the premises (building) for a type of activity not originally provided for by its inventory and normative-technical documentation. Re-equipment of premises (buildings) with a change in the target profile of the object is carried out on the basis of an administrative document of the executive authority in whose jurisdiction the object being re-profiled is located. To obtain such an administrative document, it is necessary to prepare and agree with the authorized services a package of design and technical documentation justifying the possibility of changing the profile of the object without damage to the object itself, adjacent buildings, the population, and also in accordance with the concept of development of urban areas. Permission to change the intended purpose of an object - in Moscow, as a rule, this is an order of the Prefect or the Head of the Administration, or a decision of a specialized Interdepartmental Commission at the "district" or "city" level - depends on the type of object, its initial and subsequent intended purpose. If you have additional questions, you can call the contact number indicated in our questionnaire. Sincerely, lawyer of the Law Firm “Phoenix” Semyon Anatolyevich Belousov.

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7. At what stage can the functional purpose of a building under construction be changed? (a land lease agreement was concluded on investment terms with KUGI for the construction of a residential building with a built-in music school. How to change the functional purpose of a music school to offices?) Thank you.

7.1. Changes to the project documentation and approval from the administration will be required. And all these actions are regulated by development rules and the town planning code.

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Classifier of types of permitted use of land plots (VRI)

1. agricultural purposes;
2. residential development;
3. for carrying out business activities;
4. recreational;
5. production;
6. transport;
7. intended for defense and security;
8. protected by the state;
9. forests;
10. water bodies;
11. public use.

• The plots must have a common border, that is, be adjacent. Each territory must have a plan with clarified boundaries and be registered in the cadastre.
• The land must meet the standards for the maximum permissible area.
• The plots must be located in the same cadastral block, have the same land category and VRI.
• The consent of the owners to combine land is required.

Groups of types of functional use of land plots

In accordance with the order of Roszemkadastre dated October 17, 2002 N P/337 “On approval of the methodology for state cadastral valuation of settlement lands”, resolution of the Government of St. Petersburg dated September 30, 2005.

Group II - lands occupied by on-farm roads, driveways, runs for livestock, communications, water bodies used to support on-farm activities, buildings, structures and structures used for the production, storage and primary processing of agricultural products, as well as forest plantations intended for ensuring the protection of lands from the effects of negative (harmful) natural, anthropogenic, and technogenic phenomena;

Classifier of types of permitted use of land plots with changes in 2020

The norm is provided for by the instructions of Federal Law No. 171-FZ, issued on June 23, 2014. His instructions introduced changes to the Land Code of the Russian Federation, which regulates the legal relations between users and the state.

The landowner must know what he can build on it, whether his construction will meet the requirements of the classifier. It describes in detail each type of permitted use of land plots and provides a list of objects that can be built on it.