Permitted use of land 2020 - type, order, intended purpose, how to change

Legal advice in Belarus

– Such decisions should be in the register of legal acts or on the websites of executive committees. If an interested citizen does not find this information in the regional media, then I recommend contacting the land departments of the executive committees for it. As far as I know, the capital's regional executive committee planned to provide land plots based on the results of auctions in settlements in the Minsk region.

– In Minsk, people can only obtain plots based on the results of land auctions. The only exception will be large families, which can receive land plots for the construction and maintenance of a residential building directly from the executive committees in cases where such families are registered as persons in need of improved housing conditions.

Restrictions on the use of state and municipal land plots

Being a natural resource, land may have restrictions on its use. These conditions are reflected in Art. 59 of the Land Code of the Russian Federation. The turnover of allotments is limited in the following cases:

the site is located on a sanitary protection territory;
there are legally protected architectural/historical monuments, cultural sites, natural formations, rare representatives of flora/fauna live;
the fertile soil layer of the earth is depleted/destroyed and needs reclamation measures;
the land falls into the migration routes of wild and rare animals;
on a specific site there are special requirements for the nature and timing of development and operation of facilities.

In a situation of economic crisis, the state focuses on the need of a particular applicant. This means that the desire to become a private homeowner alone is not enough for a positive decision. The allocation of land for individual construction is provided primarily to citizens in need of improved housing conditions, as well as to preferential categories of the population.

The entire procedure for registering and providing land for individual construction is detailed in the legislation of the constituent entities of the federation. To clarify the conditions for obtaining an allotment, you should contact the municipalities at the place of registration of the applicant.

For more information about the provision of land plots, watch the video:

See also Phone numbers for consultation 10 Dec 2020 kasjanenko 1250

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Discussion: 4 comments

Ivan says:
07/08/2017 at 21:05
As far as I understand, if you read between the lines, getting a plot of land for development is not so easy. If you are not one of the beneficiaries, you will have to be patient and spend a lot of nerve cells. And all this for the rights guaranteed to citizens by their native state.a
Answer
Anna says:
08/10/2017 at 14:17
Not everyone who falls under benefits knows that they can contact the relevant authorities and receive a plot of land. But for large families this is a priority issue, since each child wants his own room.
Answer
Daria says:
12/11/2017 at 04:27
I don’t know about you, but we have hectares of ownerless land, and people don’t want to live in villages, they leave their houses with land, you can buy it for a penny and register it in your name, but even so, move in and live.
Answer
Barinova Elizaveta Nikitichna says:
03/20/2018 at 11:20
It makes no sense. Why do you need a bare “piece” of land without a road, gas and electricity? It’s easier to buy a house in a village a little further from the city for next to nothing. Now there are such proposals. Moreover, I even know the facts when they give away land with a house for free, but no one takes it!
Answer
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Plots for building a house: what land can you build on?

For a person who wants to rebuild his own estate, there is no better land than land for running a peasant farm. It is suitable because a plot of such a plan can have any size. But there is also a problem: on such a plot you will still have to engage in farming in order to be able to prepare reports to the tax office. However, it is not difficult to solve this problem by creating the appearance of intended use. You can build a stable here, or plant gardens.

Land of a settlement, or land of a settlement, is a category of land used directly primarily for development; it can also be used for the development of the settlement to which it belongs. Lands of this type can be divided with lands of another category through the boundary of an urban or rural settlement.

How to get a?

The site can be allocated free of charge exclusively from state territory or municipal funds.

Of course, if the land is already in the possession of individuals. or legal person, then it will either have to be redeemed or received as an inheritance.

The plot of land can only be used:

For the construction of living space - a house.
In order to run a personal subsidiary plot.
To create a summer cottage or build another object according to its intended purpose.

Allocation of land for construction of a residential building

Free receipt of land plots by citizens is also provided for by some federal laws, for example, Federal Law No. 5-FZ of January 9, 1997 “On the provision of social guarantees to Heroes of Socialist Labor and full holders of the Order of Labor Glory” (as amended on December 28, 2004) – Article 3; Law of the Russian Federation of January 15, 1993 No. 4301-1 “On the status of Heroes of the Soviet Union, Heroes of the Russian Federation and full holders of the Order of Glory” (as amended on December 28, 2004) - Article 5.

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It is assumed that from January 1, 2010, in the absence of land use and development rules, land plots from lands in state or municipal ownership with preliminary approval of the location of objects will not be provided for construction. However, this rule will not apply to land plots that are not subject to urban planning regulations or for which they are not established, as well as to land plots that are provided in accordance with territorial planning documents of the Russian Federation and constituent entities of the Russian Federation.

How can you use land in a populated area?

Of the 9 categories of territorial zones designated in Art. 85 of the Land Code of the Russian Federation, only 2 are of interest to individuals - residential and agricultural, since the rest do not involve the acquisition of land plots by a citizen.

So, by virtue of Part 5 of Art. 85 of the Land Code of the Russian Federation, land plots in residential areas can be used for the following purposes:

· individual residential development;

· low-, medium- and high-rise residential buildings;

· construction of premises for domestic and cultural purposes.

Part 11 art. 85 of the Land Code of the Russian Federation allows the use of plots located on agricultural lands for the construction of buildings or premises intended for agricultural production, as well as arable lands and perennial plantings.

Important: a complete picture of the specific possibilities for using land plots can be obtained by studying the corresponding classifier approved by Order of the Ministry of Economic Development No. 540 dated September 1, 2014.

For example, if a plot is needed for individual housing construction, you need to make sure that the cadastral passport contains codes 2.0–2.7 (residential development). However, it should be borne in mind that this category does not include buildings intended for the following purposes:

· simultaneous residence and treatment (sanatorium);

· ensuring continuous production (for example, office housing for shift workers).

Which plot to buy for individual housing construction and vegetable garden

The area designated in section 2 of the classifier (codes 2.0–2.7) is suitable for this purpose. The presence of these numbers means the possibility of using the land for:

· construction of low-rise residential buildings (no higher than 3 floors, not intended to be divided into apartments);

· gardening and gardening (growing fruit, vegetables, berries, agricultural plants);

· construction of ancillary buildings (sheds, etc.) and garages;

· construction of garden houses (requirements are similar to those for low-rise buildings);

· organization of personal plots (for personal subsidiary plots);

· construction of mobile homes (temporary structures suitable for living - trailers, campsites, etc. - with the ability to connect to utility networks).

Thus, individual housing construction means not only the construction of a house for living, but also the maintenance of a subsidiary plot.

What kind of land is needed for business?

If we are talking about entrepreneurial activity, you need to look for a land plot included in section 4 of the classifier (codes 4.0–4.9). On such lands it is allowed to place capital structures intended for trade, recreation, vehicle maintenance, etc.

For example, code 4.4 means the possibility of placing a capital construction facility on the site for the sale of goods. The volume of retail space should not exceed 5,000 square meters.

How else can you use land?

By virtue of Art. 37 of the Urban Planning Code of Russia, the types of permitted use of land plots for each of the territorial zones designated in the Land Code of the Russian Federation are divided into 3 categories:

· basic (original purpose);

· conditionally permitted (possible purpose);

· auxiliary.

Main types of permitted use

The main type of use is the direct purpose of the land plot in accordance with the territorial zone and location.

To select a specific type of use from the main ones, no additional approvals from the authorities are required. In other words, the owner of a land plot has the right to independently decide what he will do with the land he owns within the framework of the law and the classifier.

Conditionally permitted uses

The list of possible uses of a land plot is determined by the urban planning regulations of the region in which it is located. But in any case, to choose one of these types, the owner will have to go through the approval procedure and obtain the appropriate permission.

For example: if the construction of an object for small retail trade is indicated as a conditionally permitted type of use of land, the main purpose of which is individual housing construction, the owner must contact the regional commission for land use and development with a corresponding application. Permission is granted based on the results of public hearings.

Ancillary uses

Auxiliary types of use are allowed exclusively as a supplement to the main or conditionally permitted types and are implemented together with them.

For example, this could be the organization of underground or above-ground car parking when using land to build a store.

3. The concept and composition of land in cities and other settlements. Types of territorial zones: residential zones; public and business; production; engineering and transport infrastructures; recreational; agricultural use; special purpose; military facilities; other territorial zones.

Zoning of territories of urban and rural settlements. Types of territorial zones. Urban planning documentation

How to get free land to build a house in 2020

You must submit an application to the local administration. It must formulate a request for free allocation of land specifically for the construction of an individual residential building and what specific plot the applicant is asking to provide.

The construction of an individual residential building on a plot of land that has a different purpose will have a number of unpleasant consequences. At best, it will be impossible to register in such a house (register). In the worst case, the building will have to be demolished, and at your own expense.

What actions should I take?

It will not be possible to do everything necessary in one day - for everything to go well, you need to fully complete all the necessary documents and submit them along with the application to a certain authority.

And also wait for the necessary decision from the authorities and, if the answer is positive, properly register the newly acquired land.

Collection of necessary documents

To be able to obtain a plot of land, you need to be classified as a certain category of citizen of the Russian Federation. Accordingly, I will need all the documents that I can fully confirm this. Each citizen may need completely different documents or certificates, as indicated in the Order of the Ministry of Economic Development of the Russian Federation dated January 12, 2015. For example, a large family will have to collect the following package of documents:

Passports/birth certificates of each member of a large family.
A document confirming registration at the place of residence.
Marriage certificate, or proof of single parent status, certified by a notary.
A document from the guardianship authorities that confirms the absence of deprivation of rights to children.
A certificate confirming that the family has not previously been allocated free land from the state.
An extract from the house register, calculating the living space per family member.

Submitting an application

Next, an application is drawn up for the allocation of a free plot of land, which is submitted to the district administration. Also, an application, with all the necessary electronic versions of documents, can be submitted via the Internet in electronic form - using the State Services portal. The Application must indicate:

Applicant's full name and passport details.
Registration and current place of residence.
Phone number (possibly email address).
The very essence of the petition.
List of sent documents.

Sample form of Application for registration of a large family to receive a free plot of land.

Waiting for a response from the authorities

You will have to wait up to thirty days for a response - this is the official period for consideration of the application. In the end, an answer comes from the state - a resolution on an affirmative answer to the allocation of land or a refusal (fully justified). The decision can, of course, be challenged in court.

Receiving a refusal to allocate

The refusal to allocate a plot must be fully and correctly formalized , and must have all the necessary evidence with references to legal norms. Otherwise, it will be possible to appeal it in court almost without any particular difficulties by hiring a lawyer.

But in any case, first of all you need to pay attention to the reason for the refusal.

It is quite possible that in order to successfully obtain a plot of land, the applicant simply lacked some kind of certificate, by completing and submitting which it would be possible to easily improve the situation.

Obtaining a land plot for individual housing construction for free

WWII veterans;
combat veterans;
people who have served for at least 15 years, and employees of the Ministry of Internal Affairs who have worked for at least 15 years;
if the orphan’s parents used any plot, then the orphan has the opportunity to receive the plot for free;
holders of orders of the highest importance.

the land is categorized as “for individual construction”;
only to those citizens who have never owned and do not own land for individual housing construction or agricultural purposes;
the person must be registered in Russia on a permanent basis for at least 5 years;
if the citizen is not the owner of the private house in which he lives;
in case of living in an area that does not meet the square meters standards;
students who, after studying, entered into employment contracts with local governments.

Interesting: Sample of filling out a certificate of payment for medical services for the tax office

Machinations of the mother's partner with an apartment in Minsk, in Serebyanka

Hello! Please tell me what can be done now in order to cancel the accumulative savings agreement, which was transferred for the purpose of exchange and to put the mother’s current apartment in debt for 1/2 share of the property in Minsk, if the other party did not know and still does not know does not know about its existence and about the actions of the cohabitant, since the loan was purchased exclusively for certain needs in 2020, but from the fraudulent actions of the other party, he converted the savings into operation. My mother’s roommate wants to move our apartment to Dogli, because a certain person wants our apartment for himself, he is not an ordinary person, he comes from an early retirement, and is close to the authorities. There are 2-3 months left until the end of the contract itself, before he submits it to the credit department for the construction of a new apartment and my sister will have to build an apartment outside of Minsk, since the person who looked at our apartment for himself, in which we have lived since 1978, wears shoulder straps and holds a very important position, a newcomer, has been working here for a long time, a person close to the authorities, will retire next year in September 2021 and wants to live in our apartment in Serebryanka. But they work through the mother’s cohabitant, since the cohabitant has been involved in such scams with apartments since 1996. Relocating citizens from Minsk outside. Of course, you can’t do without employees here if you apply for an inspection and investigation. Because he's his own person. There will also be pressure from employees on my 1/2 share of the property or there won’t be, and everything will be decided through the court, since NO ONE COULD HELP ME WITH MY CLAIM in drafting it. The court is always on the side of the military or those people who are all these frauds I did it with the documents. I JUST DON’T KNOW HOW WE CAN PROTECT OUR APARTMENT FROM SUCH A BARVORIC AND MARGINAL TAKE OVER AND LEAD INTO DEBT IN SUCH WAYS?! Tell me, what to do in this case, where they want to blame everything on the mother? Tell me, if one party does not know about the existence of the agreement itself and about such a scheme to make it responsible for further payments during the new construction of an apartment? Where no one can help in any way at all! What to do and how to protect your apartment? Where 2 people, the cohabitant took out 3 thousand and the mother took out a loan for 2 thousand. The loans were issued in the same bank, where subsequently one loan was paid from pension payments and it was transferred to the savings account, where, under a bank power of attorney, the mother paid pension payments payments to the principal and left her signature on the receipt, where she assumed full responsibility for paying his loan with his bank power of attorney, which he wrote out and asked to pay from his pension payments on a monthly basis. The mother's 2 thousand loan from the same bank was paid in full by my daughter herself from her own personal funds, so that she would not be responsible, but this cohabitant took a different path to realize his goal. Tell me, if your daughter builds a new apartment for herself, where she has absolutely nothing to live for, but she will go through everything in the bank. Also, this cohabitant will be the guarantor; the bank power of attorney for almost all payments on the loan was signed by the mother on his receipts. How can he frame his mother for loan payments for an apartment if she has nothing to do with his loan, did not sign anything except the receipt itself, neither the agreement itself, nor the guarantee agreement, but he pulled off some kind of fraud through the management of one bank branch? How can they even involve a mother if she has nothing to do with his construction affairs? HOW TO PREVENT ALL THE MACHINATIONS OF A COMMUNANT, A TRUSTEE UNDER A BANK POWER OF ATTORNEY TO OUR APARTMENT, IF THERE ARE SUCH PEOPLE BEHIND HIM?

Tatiana

::
Minsk

CONSTRUCTION OF A RESIDENTIAL HOUSE ON AGRICULTURAL LAND

As we showed above in accordance with Art. 81 of the Land Code of the Russian Federation, the turnover of lands allocated for dacha farming is regulated by the norms of the Federal Law “On horticultural, gardening and dacha non-profit associations of citizens.” Thus, on lands allocated for dacha farming (construction) you can:

Many potential buyers of land plots allocated for dacha farming (construction) are put off by the fact that these lands belong to the category of agricultural land and, in this regard, supposedly fall under some kind of special control. The answer to these doubts is given by Article 1, Paragraph 2 of the Federal Law “On the turnover of agricultural lands”, which states: “the effect of this law does not apply to land plots provided from agricultural lands to citizens for individual housing, garage construction, personal subsidiary and dacha construction farming, horticulture, livestock farming and gardening, as well as land plots occupied by buildings, structures, and structures. The turnover of these land plots is regulated by the Land Code of the Russian Federation.”

Sample and list of documents

When receiving a plot of land for individual housing construction, the relationship between the owner and the citizen is regulated by a land lease agreement. An application for the provision of a site is submitted in the form established by the Federal Property Management Agency.

It looks like this:

general section, which includes information about the body owning the site, information about the applicant, passport details, registration information, as well as contacts of the applicant;
the main section, which indicates the target application, information about the leased plot (location and cadastral number), as well as the grounds for which the applicant is applying (belonging to one or another preferential category);
an additional section containing more detailed information about the land plot: its size, technical parameters, geographical nuances, purposes for which the land can be used.

The application also indicates information about existing structures on the land plot, as well as a list of attached papers.

To apply in 2020, the following documentation will be required:

direct application;
passport of the applicant (if there are minors in the family, their birth certificate will also be needed);
documents confirming that the applicant belongs to one or another preferential category;
certificate of family composition;
a document confirming payment of the fee;
draft agreement;
cadastral plan;
administrative act provided to the owners of the site.

If the application is not submitted personally by the applicant, you will need a power of attorney executed by a notary. If the applicant is an organization, then its constituent documents must also be provided.

The above list lists the main required documents for allocating a land plot. If necessary, authorized bodies may request additional documents.

Sample cadastral passport for a land plot:

Allocation of land for construction of a residential building

From the plaintiff’s explanation it follows that in 1974 his grandmother, K., built an extension to the house built in 1918, located at the address: Omsk, st. 3 Severnaya, no. which was put into operation by the acceptance commission act No. 541 dated 10/04/1974. Commissioning a residential extension on an unauthorized plot of land would be impossible. This fact indicates that public authorities have recognized the right to use K.'s land plot under residential building 15 on the street. 3rd Severnaya in Omsk, therefore, believes that the disputed structure was erected on a land plot in its use.

By virtue of Art. 218 of the Civil Code of the Russian Federation, the right of ownership of a new thing manufactured or created by a person for himself in compliance with the law and other legal acts is acquired by this person. The right of ownership of buildings, structures and other newly created real estate subject to state registration arises from the moment of such registration (Article 219 of the Civil Code of the Russian Federation).

Arrangement of site drainage

Many mistakes can be avoided if you correctly determine how close to the surface of the site groundwater is located. Advice from the employees of “Dachnaya Uyut Plus”: you should not trust the words of the previous owner of the site: “It’s a wonderful dry site, there has never been water here!” Also, you should not trust the words of new neighbors and those living nearby - this may, to put it mildly, be biased.

Signs of seasonal flooding may include:

The presence of signs of erosion and moss on the soil, which may indicate flooding of the site in the spring or during periods of melting snow and heavy rainfall
The predominance of moisture-loving plants on the site: for example, red meadowsweet, caustic buttercup and others. It is necessary to take into account the climatic features of a particular region of the Moscow region and the distribution areas of certain plants
If there are structures or structures on the site, you should carefully inspect them from the ground to 20 cm from the surface. If you see characteristic stains, you should know that this is a clear sign of seasonal flooding.

In the photo: arrangement of drainage sewerage in an area with inspection wells:
It is not possible to independently determine the proximity of groundwater to the surface.
By inviting a specialist from our company, you will receive a complete picture of the necessary drainage work on the site and a professional assessment of the cost of drainage. has experience in arranging drainage in areas of the Moscow region for more than 12 years. The cost of arranging drainage is from 800 rubles. per linear meter.

And also analyze the type of soil and soil at the construction site. It is also worth studying its landscape in detail. This information will be needed in order to determine whether it is necessary to further level the area and use special equipment for this, and whether there is a need to construct a drainage system. After studying the properties of the soil, it will be easier to decide on materials for future construction.

Filling or raising the area

Of course, before starting construction on a dacha or personal plot, work should be carried out to raise the site if necessary. This procedure is carried out using specialized equipment: loaders and bulldozers. Of course, carrying out such work when there are buildings or structures on the site is extremely difficult and increases the cost of the work. Do not neglect excavation work - invite our specialist to assess the need for backfilling of the site.

The cost of filling a site for construction varies depending on the type of soil and the area of the site. In the 2020 season, the cost of fill for construction is from 500 rubles per cubic meter

View of the site before filling and landscaping

View of the site after filling

Maximum minimum size of land plot

Land from 5,000 to 500,000 square meters is allocated for mid-rise development. A mid-rise building is an apartment building and contains at least 8 floors;
From 2,500 to 100,000 square meters are allocated for low-rise development. A low-rise building is an apartment building with up to 4 floors;
For individual housing construction - from 300 to 3,000 square meters. An individual residential building is a 1-family house with up to 3 above-ground floors.

Allotment area;
Number of plots;
Demand for land plots for individual housing construction in this area;
The level of economic development of the specific locality within which this site is located, as well as the region within which this locality is located.

Interesting: How Much Living Space Allowed Per Person

When can construction of housing begin?

Construction work can begin immediately after the land plot has been legally registered. Construction should begin in the first year after receiving permits. Otherwise, the administration may reconsider the decision, and the allotment will be issued to another person in need.

The conditions for issuance may change periodically, but they cannot contradict current legislation.

In order to easily purchase a plot of land for the construction of a residential building, you should understand in detail all the intricacies of this procedure and get advice on all issues of interest.

Application and other documents for renting a land plot and their samples

After stating the essence of the appeal, information about the site is provided: the address of its location, category (what type of activity is the land allowed to be used for, what can be built on it), the grounds on which the site will be used, encumbrances (if any).

Land leasing is a common phenomenon. Few people can afford to immediately buy a plot of land, when it is cheaper to rent it. However, the procedure for drawing up a lease agreement is quite long and labor-intensive. To implement it, you need to knock on the doors of several organizations and collect a package of papers. So, what documents are needed to formalize a land lease?

What kind of land is needed for business?

Land is provided for business, which is noted in all sections of the master plan in section 4. Their specific purposes will be indicated there, be it warehouses, retail premises, public lands, office and business lands and all other lands.

It should be noted that in this part the legislation is not so well developed, in some specific points there is strict certainty, but in most there are vague formulations, for example, public and business centers and shopping centers, these are two different concepts, but in practice they are the same.

Rules for free receipt of land from the state

veterans and disabled people whose disability was caused by the Second World War;
veterans and disabled people who are participants in any military action;
citizens who lost their ability to work completely or partially due to the accident at the Chernobyl nuclear power plant;
citizens classified as victims of political repression and subsequently rehabilitated;
persons caring for 3 or more minor children;
citizens whose place of residence is recognized as unsafe and unsuitable;
families in which each person is entitled to less than 10 square meters. m. living space.

Well, if you don’t need to save up for this, but you can simply turn to the state for the territory required by law, then that’s even better. Indeed, in the current state of the economy and the real estate market, purchasing your own apartment or country house is an unattainable desire for many.

26 Jun 2020 glavurist 301

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