How to transfer industrial land to private construction

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Many residents who have land for individual housing construction want to convert it into commercial property for the subsequent construction of a facility in order to make a profit. In addition to the categories of land available in the Russian Federation, each of them can only be used for certain types. The list of permits is huge and several activity permits can be assigned to each at the same time. For example, areas for settlements or agriculture can be used both by a private individual and for gardening.

General information

The legislation of the Russian Federation establishes a clear distribution of land in accordance with its intended purpose. If we talk about plots for individual housing construction, they are intended exclusively for the construction of private residential buildings.

However, not all owners intend to use such a plot of land to build a house. Many people think that the territory can be used to make a profit. But if the business project involves the construction of commercial real estate (gas station, service station, shopping center, etc.), then the owner needs to change the category of the land plot.

On individual housing construction land, you can build a building with 3 floors, which will be used for one family.

The translation procedure is quite difficult, but it can be done. But if the owner does not transfer his land from individual housing construction to commercial, then any activity generating income on this site will be considered illegal. The violator will face fines and demolition of the property.

As for agricultural land, everything is more complicated. In order to transfer a plot of this category to commercial status, you must first obtain individual housing construction status. In other words, it will not be possible to bypass obtaining individual housing construction for this plot. But this is the problem, since such land for housing construction is provided only when it is located next to a populated area. If this condition is not met, then it will not be possible to change the category of agricultural land.

Transfer of land plots to another category

When purchasing a plot of land for building a house or other purposes, you should be aware of the category and type of permitted use of the land. Thus, not on every plot it is possible to erect a residential building or a country house, and not on all plots it is possible to obtain permanent residence permit or registration. Categories of land The acquired land plot according to its purpose may relate to the following lands:

• settlements;
• agricultural purposes;
• specially protected areas;
• industrial purposes;
• water fund;
• forest fund, etc.

For the construction of cottages, private individuals are allocated land from the first two categories. Lands that are used for residential construction or development of settlements are called lands of settlements, or lands of settlements.

How to transfer the purpose of land from individual housing construction to commercial

Many Russian citizens, especially those who live in small towns, would like to engage in commercial activities “without leaving home.”

For example, if you own a house and a garage on a private housing plot, why not use the outbuilding (garage) as a car service station?

Or build a small permanent building next to the house and use it as a store, salon, hairdresser, etc.?

An ideal option for many, but not legal if you engage in commercial activity on a site intended only for the construction of a single-family residential building.

But you can convert part of the plot or all of it into commercial real estate.

For a retail outlet

If you have dreamed all your life about your own small flower or accessories store and you own a suitable plot of individual housing construction, you can safely begin to bring your wildest fantasies to life.

Is it possible to transfer a dacha plot to individual housing construction? Read the article: how to transfer a dacha plot to individual housing construction.

Land SNT and individual housing construction, what is the difference, read here.

Remember that changing the purpose of a land plot is much easier than changing the category of the territory that belongs to you.

In order for you to build a commercial building on your land, you will have to write a petition to the local government.

It is necessary to indicate what exactly you want:

The local authorities will consider your application and make a decision at a formal hearing.

A positive verdict from the administration will bring you an act of change or addition to the permitted use of the land.

Advice! Before contacting local authorities, collect signatures from neighbors who are not against the appearance of a retail outlet next to them.

If the majority of residents are in favor of building a store, this will play a role in the administrative staff's decision making.

For car service

Many “handy” citizens prefer to receive banknotes for their skills without leaving home.

Indeed, few would be able to refuse this. You love and know how to fix cars, but you don’t need to go somewhere and get a job “for your uncle.”

You can wake up in the morning, leave the house and go to your “office” - a garage-car service. A wonderful prospect.

But in order to avoid problems with the local administration and tax inspectorate, it is necessary to legalize all commercial buildings either at the construction stage or upon completion of work.

To do this, you need to go to the local government and write a petition to transfer the plot of individual housing construction that you own into commercial real estate.

When making a decision, the administration of your locality will consider the location of your site.

The zone in which it is located will determine whether another use case can be added to it.

Equally important when changing the status of a land plot is the opinion of neighbors.

If most of them are against living next to a car repair shop, there is nothing you can do.

When converting land into commercial real estate, the opinions of citizens living next to such a site are first taken into account.

For development

If your land has the status of individual housing construction, and your plans are not to build a private house, but something else, you can try to change the type of intended use of your site.

Remember that every day local governments receive dozens of applications from citizens regarding their land plots.

Each case is unique and in seemingly identical situations, the authorities can make completely opposite decisions.

Some are allowed to convert an individual housing construction site into commercial real estate, but others are not.

The opinion of administrative employees is influenced by:

Cost of the operation

Naturally, transferring a land plot from one type of permitted use to another is not cheap.

The total cost of costs is influenced by factors such as:

Therefore, when deciding to convert an individual housing construction site into commercial real estate, first weigh the pros and cons.

You can first draw up a business plan for a future commercial enterprise in order to understand how quickly your costs for transferring land and constructing the building itself will pay off.

How private housing plots differ from private housing construction, read the article: what is the difference between individual housing construction and private private plots. Where to start individual housing construction, read here. To obtain an extract from the Unified State Register, read here.

If you have a plot of land, the inclination to conduct commercial activities, as well as money and time, you can safely begin the procedure for changing the permitted use of your land.

Do we make money on our plot or how does the transfer of land from individual housing construction to commercial take place?

According to the Town Planning Code of the Russian Federation and a number of Federal laws, it is possible for citizens to transfer individual housing construction lands to commercial use. Thanks to the change in category, the owner has the right to build real estate on the site (trade pavilion, warehouse, office), with the help of which he plans to make a profit.

How to transfer land from individual housing construction to commercial?

The Town Planning Code of the Russian Federation has a clear distinction between the categories of land. Their owners undertake to use it only for its intended purpose.

Otherwise, the flora and fauna located in this territory suffers. The biological balance is disturbed.

Controlling authorities have the right to impose a fine for the misuse of land, and in the case of construction of illegal real estate, to demolish it.

That’s why it’s so important to transfer individual housing construction land to commercial land in order to safely engage in entrepreneurial activity.

The reclassification procedure has a general algorithm with minor changes in each case. This is a typical situation that requires contacting local authorities.

For a retail outlet (shop)

An individual entrepreneur, after changing the purpose of the land, has the right to build a store, beauty salon, fitness room and any other retail outlet on his territory.

The positive response of officials is directly influenced by the neighbors of the site; most of them should not be against new commercial buildings.

For car service

On the land where the construction of a car service is proposed, there must be official permission for such buildings.

If it is not there, it is necessary to change the type of land use. When constructing or already legalizing an object, it is worth considering that a sanitary protection zone must be organized around the vehicle.

For a hotel

To officially conduct a hotel business on individual housing construction lands, it is recommended to change the type of permitted use of this territory.

The owner should take into account that after the land is converted into commercial land, the land tax rate increases significantly and the cadastral value of the site increases.

What else can be built on the plot (townhouse)

For the construction of multi-family houses (townhouses), an official change in the permitted use of land is mandatory. As well as permission to build townhouses. Otherwise, the regulatory authorities have the right to order the buildings for demolition, since their presence on the land of individual housing construction is unlawful.

IMPORTANT! The decisions of officials are directly influenced by neighbors in the individual housing construction territory. To obtain permission to replace the exploitation of land, it is necessary to obtain their consent in advance. If 51% of neighbors oppose it, a representative of the local government will officially refuse the transfer.

Where to contact?

The transfer of land from individual housing construction to commercial begins with an application to local authorities. If large volumes of construction are planned using a large plot of land, it is necessary to obtain approval from the government authorities.

Getting permission

To consider the legality and necessity of transferring land from individual housing construction to commercial construction, officials schedule public hearings. Everyone has the right to participate in the meeting. As a rule, neighbors in the area are invited.

IMPORTANT! The owner of the site should take into account the fact that people living near the construction site of future commercial real estate may be against building and running a business near their homes. Their opinion may become decisive at public hearings.

At the main hearing, government officials decide on the transfer of land behind closed doors. If the decision is positive, the owner of the site receives official permission for the transfer.

Package of documents

At the second stage of land transfer, it is necessary to collect a package of documents required for re-registration.

You will need:

• cadastral plan of the site;
• cadastral passport;
• cadastral number;
• certificate of land title;
• a petition drawn up in a special form.

Documents are transferred either to local authorities or to federal authorities.

IMPORTANT! There is no unified package of documents for transferring private housing construction land to commercial use. The Town Planning Code of the Russian Federation does not provide for a specific list, so regional authorities independently compile lists of papers and certificates required for registration.

The next step is to contact the Cadastral Chamber or Rosreestr, where specialists will categorize land from one to another according to all the rules.

Cost and terms

The final cost of processing all papers depends on many external factors and is calculated individually. Average price range: 3 thousand rubles - 20 thousand rubles. Rarely does the amount turn out to be more.

The paperwork fee includes:

• price of services and consultations of specialists;
• organization of public hearings;
• cost of state fees:
• registration of papers and creation of their copies.

Additional expenses are possible for resolving controversial issues in authorities working in the field of land legislation.

It is also not possible to unequivocally state the timing of land transfer. Approximate range: from several months, and in special cases, to several years. We can safely say that the translation will be long and troublesome.

A large area of ​​land and its status as a land of federal significance can affect the increase in the period for processing the document.

Recommended video for viewing

Watch a video on how to change the purpose of a piece of land:

Conclusion

Transferring individual housing construction land to commercial ownership is a long process, accompanied by the preparation of a number of documents and the collection of necessary permits. It is not recommended to engage in unauthorized construction or organize a business without legal grounds. If the law is not followed, penalties will be applied to the owner of the site.

Source:

Is it possible

Current legislation provides for the possibility of transferring a land plot from the status of individual housing construction to commercial real estate. It is also possible to transfer from SNT status to individual housing construction, and only then re-register it as a commercial prerogative.

The only question is why this is necessary, because the owner of a land plot can carry out any activity on his territory. This is not entirely true.

First, you need to understand what private housing construction land is. Individual housing construction is individual housing construction. Here we mean a plot of land that involves the construction of a house for permanent residence.

Typically, such sites are located near populated areas with developed infrastructure. The built houses can be connected to communication systems - electricity, water supply, gas system and other types of modern technologies.

However, certain requirements are put forward for an individual house - the house must be no more than 3 floors in height, and be intended for one family.

What is commercial land? It is a plot of land on which it is possible to build the following:

• build a gas station, a motor vehicle service station and other similar buildings;
• office and industrial buildings;
• shopping centers;
• sports complexes and social facilities.

As a result, it turns out that if it is necessary to build an industrial premises, a shopping center of more than 3 floors and other buildings, it is necessary to transfer the land plot from individual housing construction to commercial.

Failure to comply with the laws entails a fine and also provokes forced modification of the building or its complete liquidation.

In addition, commercial land is suitable for making simple profit - the new status of the land plot significantly increases its value.

Therefore, if the owner of an individual housing construction does not plan to build a private house for living and does not want to start a commercial business, he can sell it and make a profit.

Among other things, such land can be leased for the construction of a hotel or shopping center - but as a rule, entrepreneurs themselves want to purchase it. Find out how to obtain permission to build an individual housing construction house in the article: permission to build an individual housing construction project.

Lease of land for individual housing construction from the state is discussed on this page.

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.

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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.

Reasons for a negative decision - what to do in this case?

The reasons for receiving a refusal in writing indicating the basis for such a decision may be:

• detection of errors or inconsistencies in submitted documentation;
• the application was written by an inappropriate person;
• the existence of any offenses;
• impossibility of transferring these lands to the commercial category;
• inconsistency of such changes with the adopted master plan according to which the territory is being developed.

Reference! If you receive a negative decision on the transfer, you can try to defend your rights in court or a higher authority. On our website you can also find comprehensive information about land plots for individual housing construction:

• How to transfer land to individual housing construction?
• Site development standards.
• Types of permitted use - individual housing construction.
• How to obtain and register ownership?
• How to get an allotment for free?
• Renting a storage unit.
• How is tax paid?
• Minimum and maximum land size.
• Auction: what is it and how is it carried out?
• Instructions for purchasing a plot.

What documents are needed

Before collecting documents, the owner of the land plot contacts the department on whose territory the object is located. In this case, this is necessary to apply for permission to transfer.

As soon as permission is received, a package of documents is sent to the local administration for further processing. Local administration employees carry out all the above checks.

The main package of documents includes:

• cadastral number of the individual housing construction site - for this you will have to undergo special registration in the cadastre department and undergo land surveying;
• certificate of ownership of the plot - they also additionally make a copy and have it certified by a notary;

• land plot plan - necessary if there is a building on the land, as well as if construction is intended in the near future. The plan can significantly increase the chances of obtaining permission to change status;
• all documents confirming the previously completed registration of an existing building - a certificate of ownership of a house or any building, a technical and cadastral passport, a previously issued building permit, and others;

• passport of the owner of the building and land plot;
• permissions from other owners for translation, certified by a notary.

The documents presented are only basic - depending on the situation, additional legal records may be required.

How to transfer SNT to individual housing construction

On SNT sites, construction has a number of restrictions. Therefore, such a plot should be transferred to the individual housing construction fund. According to the legislative initiative Federal Law-172 of 2004, the status of a land plot can be changed by:

• City administration, if the site is located within the city.
• District authority, if the plot is located outside the city limits.
• Federal services, if the land has been assigned the status of federal significance.

To transfer SNT land to individual housing construction, you must submit a petition. It reflects the cadastral number of the plot, the category of the land, the rationale for changing the purpose and the owner’s data. You will also need to collect a package of documents.

• A copy of an identity document.
• An original copy of the extract from the Unified State Register of Real Estate.
• Expert opinion on environmental cleanliness.
• Consent from all copyright holders of the site, if it belongs to several persons.
• Receipt confirming payment of the mandatory duty.

If documents are submitted by an authorized person, then a power of attorney will also be required. As a rule, the period for consideration of an application and change of status takes about 1 or 2 months.

Algorithm of actions

If you have clearly decided that it is vital for you to start your own business on an individual plot of individual housing construction, you will have to go through several simple steps:

If you are allowed to use the individual housing construction site in some other way, these changes must be officially registered in the Unified State Register database.

Where to contact?

Each section of individual housing construction is unique in its own way and belongs to different territorial zones.

Sometimes, if there is a need to build a commercial property on a land plot, it makes sense to contact the Cadastral Chamber.

You can apply there to carry out land surveying and divide your single plot of land into two separate ones.

On one, you will have the opportunity to build, without violating the law, a residential building for one family with a height of no more than 3 floors.

And regarding the second site, you will have to contact the local government.

It is important to remember that the decision is made by the government authorities to which the land plots in question belong.

If the area you are interested in is located:

Getting permission

Obtaining permission to convert a plot of individual housing construction into commercial real estate means receiving a positive verdict from local authorities to change the current purpose of the land.

The administration of the locality considers received applications for changing the status of lands and considers them in order of priority.

A mandatory condition is preliminary notification of the population about public hearings.

Anyone who considers themselves involved in the topic of the meeting can attend them.

All participants have the right to speak out and discuss the current situation. At the end of the hearing, a decision is made.

It could be:

Package of documents

Before you go to the local administration and defend the future of your store, hotel or car service, take care of obtaining the necessary documents.

You will need:

The main rule of a smart applicant is to take all documents with you. Rules and regulations change frequently, and you never know in advance what other documents may be required.

Category of sites

According to Russian legislation, the entire vast territory of our country is divided into separate areas - target categories.

This was done in order to legitimize the legal relationship with the land, as well as to avoid illegal and misuse of individual plots of land.

For example, if forests and rivers in our country were classified as agricultural land, they would be bought or rented, then uprooted, drained and wheat, oats, etc. planted on them.

Such actions could significantly disrupt the biological balance and harm the flora and fauna of these places.

Thus, in Russia there is the following classification of land:

Among the diversity of Russian lands, ordinary citizens are usually interested in agricultural land and settlement plots.

Because in the first place you can plant gardens or vegetable gardens, keep livestock or poultry, which is very important during the global financial crisis.

Settlement lands are the only category of land on which the construction of residential buildings is permitted.

Change of status

Land belonging to any category also has a type of permitted use.

Video: you can open a store, cafe, tire service in an apartment or private house without transferring it to a non-residential property

Since the average Russian is only interested in two categories of land, agricultural and settlement, let’s talk about them.

Lands located inside and near populated areas may have the following purposes:

Agricultural land, of which our country is so rich, is also divided into several groups depending on the permitted purpose:

• implementation of peasant farming activities (peasant farm lands);
• for personal farming (plots of private household plots);
• intended for summer cottage construction (it is allowed to erect a residential building, but it is prohibited to register in it);
• for gardening.

Due to the fact that the number of people wishing to build their house or open a business on a plot of land is increasing every year, the number of applications for transferring land from one category to another, changing status, etc. is growing.

Legal acts

The transfer of land from one category to another is not simply transferred because someone wanted something, but on the basis of a specially created Federal Law “On the transfer of lands or land plots from one category to another.”

This document contains a complete list of necessary actions that must be performed by the owner or tenant of the land plot to carry out the transfer.

It is important to remember that the decision is made by the government authorities to which the land plots in question belong.

If the area you are interested in is located:

Why is translation necessary?

The transfer is made in circumstances where the owner of the site intends to convert a residential building into a shopping center, hotel, gym, or lease the site to any organization to generate income. By law, before making a final decision, the administration is obliged to consider the written arguments of the owners of neighboring plots regarding the transfer of a house or plot to commercial use. If the majority of neighbors oppose changing the category of the site, then the likelihood of changing the status of the site is very small. And, conversely, the more neighbors give the go-ahead, the likelihood of a positive outcome will increase.

When the application is approved, the owner of the plot is given documents with the following status: individual housing construction + commercial use.

You need to know that another case is possible: if the change does not apply to the entire site, but only to a separate part. For example, a citizen is the owner of a house and an adjacent garage. He intends to equip a car repair shop on the territory of the garage and generate income. For this activity, it is not necessary to convert the entire plot to commercial status; it is possible to convert only the garage.

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:

Is it possible to translate?

The transfer of land for individual housing construction to commercial VRI can be done. This procedure is more realistic and simpler than changing the category of land, since in this case you should contact lower authorities - local government bodies.

This procedure follows the provisions of the Federal Law “On the transfer of lands or land plots from one category to another” from N 172-FZ, according to which the decision to change the type of land for its intended purpose is made by the executive authorities whose territory it is controlled, as well as Article 8 ZK and 37, 38, 39 GrK of the Russian Federation.

Target categories of land plots

What are the target categories of land plots? Photo No. 1

According to the previously mentioned Town Planning Code of the Russian Federation and some Federal Laws, the entire territory of our country is divided into separate parts of land plots, which are divided according to the target category. Such an organization of land registration allows the state to combat the misuse of land and illegal organizations.

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Today in Russia there are the following target categories of land plots:

• agricultural lands intended for agricultural activities;
• settlement plots owned and controlled by settlements (have subcategories: individual housing construction - for development of private households, and private household plots - for running personal subsidiary plots, as well as a number of others, less important and significant);
• land of special importance (reserves, natural monuments, resorts, etc.);
• water areas (rivers, lakes, etc.);
• forest areas (forests, groves, etc.);
• reserve lands owned by the state but temporarily unused;
• special purpose areas (television and radio broadcasting facilities, space facilities, etc.).

Commercial land does not belong to the categories noted above, but is a type (subcategory, as well as individual housing construction and private household plots). In fact, it can apply to both settlement and agricultural holdings. In any case, misuse of land is prohibited. Otherwise, monopolists would buy up the rivers and lakes of the Russian Federation, depriving ordinary citizens of water and selling it at exorbitant prices, which is simply unacceptable in relation to the concept of our state.

How to transfer land: step-by-step instructions

Preparation of documents

• A statement indicating the reasons for changing the VRI of the site.
• The original certificate of ownership of the plot and a notarized copy.
• A copy of the cadastral passport of the plot, containing its cadastral number and plan (can be obtained from Rosreestr).
• The passport of the applicant, that is, the owner of the site, or a power of attorney on his behalf to carry out all re-registration procedures on the part of another person.
• Signatures of neighbors agreeing to the construction of a facility for doing business (increases the chances of a positive decision).
• Other documents requested by the authorities of the region.

Writing an application

In the application submitted to local government authorities to change the VRI of a private plot, the following must be indicated:

• in the case of a legal entity - name of the organization, full name. entrepreneur, organizational and legal status of the company, its postal address;
• for individuals - full name. owner of a private plot.

In addition, it is necessary to explain the reasons for changing the type of permitted use and express wishes for a complete or partial change in the purpose of the site. In the latter case, it is possible to leave part of the plot for individual housing construction, and transfer part to commercial use, for which land surveying will have to be done.

applications to change the type of permitted use of land

Submitting papers

The collected documents are submitted to the authorities in charge of the given territory. Most often they are a municipality or a cadastral chamber, but there may be cases when they are executive authorities of constituent entities of the Russian Federation or the Government of the country.

Moreover, at present there is no single rule regarding the form in which a request is submitted. Administrative units set their requirements, often electronically. But usually the request is sent by registered mail with notification or delivered in person against signature.

Public hearings

After submitting the application and collected documents to the relevant government agencies, a date is set for public hearings, which should be announced in the local media or notified by mail to interested parties. Public hearings must take place no later than a month from the date of submission of the request , and they are held in two stages.

In the first part, all interested parties have the opportunity to ask questions to the owner of the site, receive answers to them, and express their opinions. At the second stage of the hearing, the commission, taking into account the results of the public part, makes and formalizes its decision on this issue.

Getting a response

If, following the hearings, a positive decision is made, then the applicant is issued a permit allowing the transfer of the plot from one type of permitted land use to another in the cadastral chamber or Rosreestr.

Is it possible to change the status of a land plot?

Changing the category of a site is very difficult.
It is easier to change the type of permitted use. Such a procedure is not uncommon, is carried out in more accessible instances and requires the fulfillment of simpler conditions. How to find out the category of land and type of permitted use? This information is contained in the legal acts of municipalities and in contracts that owners have.

The decision to change the type of land use is made by the local executive authority. It is issued officially, has legal force and is recorded in the Unified State Register of Real Estate (USRN).

The current legislation of the Russian Federation provides for the possibility of transferring a plot of land from the status of individual housing construction to commercial real estate. But is it necessary? After all, the owner can carry out any activity on the land owned by him. In fact, this is not true.

Individual housing construction land involves the construction of a private house for permanent residence. Such sites are usually located near settlements with developed infrastructure.

Commercial land is a plot on which the following objects can be built:

• outlets;
• Gas station, motor vehicle service station;
• car service;
• hotel;
• office and industrial buildings;
• sports complexes and social facilities.

If you want to build the above objects on land intended for residential construction, it is necessary to transfer the land plot from individual housing construction to a commercial form. The new status of the land significantly increases its value.

Failure to comply with the law entails a fine and forced modification of the structure or its complete liquidation.

Is it possible to change the purpose of a land plot?

Change of status is a legal procedure during which the intended use of land changes from one to another, which is simultaneously enshrined in the relevant government databases and documents belonging to the owner of the site.

It depends on how much reclassification occurs that changes in the status of the land will have to be made.

It is worth understanding that changing the category of plots, for example, from settlement to agricultural, will be very difficult and will require the involvement of the highest apparatus of the Russian government.

While changing the type of land plot regarding its use will not be so difficult and is quite possible for any citizen of our country.

The procedure for changing the status of land in Russia is determined by Federal Law No. 172 “On the transfer of lands or land plots from one category to another.”

According to the provisions of this act, the decision to change the type of land according to its intended purpose is made by the executive authorities whose territory it is under control.

During the study of the provided documents, authorized government agencies check:

• the possibility of transferring land from one category to another;
• the presence of potential damage that will be caused to anyone as a result of the reclassification of the site;
• other issues that could prevent a change in the status of the land.

We invite you to familiarize yourself with how long the compulsory insurance policy is valid after expiration

Based on the results of all verification activities, the applicant for the transfer of a site from one type to another is notified of the verdict. After which he can accept the decision or appeal it to the appropriate authorities.

Procedure

Necessary:

1. Collect all documents that are provided with the application.
2. Then contact them with local authorities and wait for the hearings to begin.

After this, based on the results of these hearings, the authorized person will either allow a change in the type, or he will indicate those points that need to be corrected.

Where to contact?

In order to transfer a plot to commercial status, it is necessary to apply to the local government authorities.

If we are talking about large areas within the city limits or in the immediate vicinity, then it is necessary to contact the government authorities.

Depending on the owner of the land, different authorities may handle the transfer.

Getting permission

Based on the results of this petition, a decision is made - it can either be rejected on grounds argued by law, or the body accepts and approves the petition to transfer the land to another type.

Based on the initial decision made, hearings are organized, which are attended by residents living in the immediate vicinity of the territory on which the site is located.

Participants in this event can express their grievances and suggestions regarding transfer issues, but the decision is made directly by the head of the local government.

Documentation

To apply you must attach:

• cadastral number of your plot;
• certified copies of the certificate of registration of title, cadastral passport and cadastral plan.

Here is a sample cadastral passport and a sample cadastral plan.

Sample application

In the case of legal entities, the application must indicate the company name of the organization, full name. the entrepreneur, the legal form of the enterprise, and his postal address.

For individuals, it is enough to indicate your full name. owner of the land plot.

A sample application for transfer of land to another category can be downloaded here.

When it is necessary?

Such a transfer may be needed if the owner of a plot (or an existing building) does not want to use it as a residential building, but wants to open an institution in its place for the purpose of further generating income - a store, a shopping center, a gym...

However, it is worth immediately taking into account that when making such a decision, the administration will be guided not only by its own opinion, but also by the opinion of the neighbors living next to the building/site that is decided to be converted into commercial use.

If the majority of them are not against opening a store, then the decision to change the status will most likely be positive, otherwise it may not be possible to change the category of land.

One should immediately note such an option as changing the purpose not of the entire area of ​​the site, but only of its part. For example, a citizen owns a house and an adjacent garage, in which he wants to open a local car service and thus earn money. In order to start such a business, it is absolutely not necessary to convert all the land into commercial land; it is enough just to change the status of the garage.

And if the decision is positive, then the owner of the site will receive documents with the following status: residential construction + commercial use (in most cases, for a small business, this option will probably be the most optimal).

If you want to find out how to solve your particular problem, please contact us through the online consultant form or call :

• Moscow.
• Saint Petersburg.

The price of transferring land from individual housing construction to commercial

It is impossible to say exactly the cost of the transfer procedure - this moment is largely influenced by the location of the land plot (region, location within the city or outside it).

The cost of obtaining a new status is also affected by the fact that you work independently or attract specialists. Often, due to ignorance of the laws or lack of time, land owners use the services of agencies offering legal services.

The availability of documentation can also have an impact - going to court entails additional costs, and paying a fine for unauthorized construction becomes a reason to abandon the idea altogether. The result can be quite a significant amount, reaching several hundred thousand rubles.

If there are no problems with the land plot, the owner will have to pay for the following services:

• if it is necessary to hold public hearings (and they are necessary to notify local residents about the proposed construction), it is necessary to pay for an article in the newspaper with the corresponding announcement;
• contacting the architecture department - here you will need to pay for the services of the chief architect;
• subsequent appeals to the land committee for land surveying and other aspects of paperwork for the land plot.

In connection with the above, a conclusion arises: is it profitable to transfer a land plot from the status of individual housing construction to the status of commercial real estate?

In order to decide to carry out an operation, it is necessary to draw up a business plan - but will the idea be so profitable? How long will it take to pay off the expenses? Based on the results of the business plan, you can begin the re-registration procedure, or not begin them.

Timing and cost

The procedure for changing status can last from several months (if the verdict is made by local authorities) to several years (if the issue of changing status is decided at the federal level).

The cost of the entire registration process is determined by a number of indicators, but mainly depends on the region and the size of the site. The owner of the land plot pays for the following services:

• cadastral authority;
• regional architect;
• publication in local media about hearings, sending out notices, organizing hearings, including renting premises;
• land service.

The applicant may also incur additional costs if unforeseen controversial issues and situations arise. Usually the translation costs between 5-20 thousand rubles.

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