The inclusion of agricultural land plots within the boundaries of a populated area with the simultaneous establishment or change of the type of permitted use for individual housing construction is possible.

The concept of the intended purpose of a plot of land

Russian legislation understands the intended purpose as determining the legal status of land to permit or prohibit the implementation of certain types of activities on it. The categories and types of permitted use are established by the Land Code of the Russian Federation, and the specifics of implementing such division in practice are regulated by federal laws and regulations.

Currently, the domestic legal system contains the division of lands according to the intended purpose of the following categories:

Agricultural land;
Lands of populated areas;
Land for special purposes (industry, energy, transport, etc.);
Lands of specially protected natural areas;
Forest fund lands;
Water fund lands;
Reserve lands.

Each category of land corresponds to specific types of permitted use and prohibitions on certain activities. The concept of a specific category of land determines the list of types of permitted use, therefore changing the purpose of a site (type of permitted use) can occur in two ways:

With the transfer of a site from one category to another;
Without transferring the site to another category.

What recommendations exist for changing the purpose of land?

Our country ranks first in the world in terms of territory size.
It would seem that this is where there is scope for the implementation of any projects, because we have plenty of land. However, not all so simple. Each land plot is intended to be used for specific purposes, the list of which is enshrined in the Land Code. Often, owners need to change the category of a site for more efficient use. Is it possible to change the intended purpose of the land? And how to apply? What to do in case of refusal? – you will learn about all this from this article.

Any land plot is either private property (individuals or legal entities), or the property of the state, represented by federal, regional and municipal authorities.

In turn, land, as an object of ownership, has a number of individual characteristics: established boundaries, size, cadastral number, address, category of use. All these parameters are recorded in the state registration and cadastral service - Rosreestr.

The category of a site is the purpose of land use, which was formed during many years of operation and on the basis of territorial zoning.

According to the provisions of the Land Code, there are 7 categories of land in Russia:

agricultural lands, including areas for gardening, vegetable gardening and personal farming;
territories of cities, towns, villages, and other settlements;
territories occupied by industrial production, infrastructure structures, television and radio broadcasting, energy, defense, science and space, lands of government institutions;
reserves and sanctuaries, nature conservation lands;
areas occupied by forests;
territories occupied by water resources;
land in reserve.

In turn, each category of land has its own gradation. For example, land plots in cities can be divided into zones for individual housing construction (IHC), zones for multi-apartment development, business, cultural and industrial areas.

The most common category of plots for private development is individual housing construction. It is prohibited to build shops or apartment buildings on such land plots. Unfortunately, in many localities today this is practiced, and documents are processed retroactively or not processed at all. This entails penalties, as well as the demolition of unauthorized buildings.

If the owner of the land plot wants to build a house above 3 floors or any commercial facility on land allocated for individual housing construction, he must first change the purpose of the site.

In the process of economic activity of people and enterprises, the appearance of territories is constantly changing. New settlements are being built, industrial production is opening and closing, new facilities, structures and communications are being built.

All these transformations must be carried out within the framework of legislation. The intended purpose of using a land plot is the main requirement that every owner must comply with.

If the category of land does not correspond to business or territory development plans, you can change the purpose of the site. This happens in the following cases:

Expansion of the territory of a settlement (when agricultural lands that previously belonged to state and collective farms fall under development);
Construction of cottage-type country settlements;
Development of empty territories owned by the Ministry of Defense;
Residential development of industrial zones, abandoned or used for other purposes;
Creation of new gardening partnerships (SNT), dacha cooperatives (DNP);
Creation of farms on the territory of the settlement;
Creation of new enterprises;
Construction of sports facilities and bases on the territory of the forest fund (approvals and permits will be required from many authorities);
Construction of roads, bridges and communications passing through forest and water resources.

Today, the most common reason for changing the category of a plot of land is when an individual needs to build a residential building on agricultural land.

The procedure consists of the following steps:

The owner or tenant of the site collects the necessary package of documents and fills out an application in the prescribed form;
All this is transferred to the commission under the administration of the municipality or village council, which is in charge of the land plot (if the territory is regional or federal property, the package of documents is transferred to the appropriate administration);
The authorities to which the land plot is assigned convene a special commission. An application to change the category of a memory must be reviewed within 5 working days;
Based on the results of the meeting, the commission makes a decision and draws up an act;
The applicant familiarizes himself with the commission’s decision report. If the application is approved, changes are made to the cadastral and registration documents for the land plot. If the commission refuses, the applicant can challenge the decision in court.

The application is submitted to the head of the administration where the land plot is located. It should convincingly state the reason why the applicant wants to change the intended use of the site, provide arguments and evidence of increasing the efficiency of its use.

At the end, you must indicate the date, sign and list the attached documents:

the applicant's general passport;
title documents for the site;
extract from the Unified State Register of Real Estate;
cadastral passport;
receipt for payment of state duty.

If the applicant does not have any registration documents, they can be ordered through the multifunctional center (MFC, My Documents). The package of documents with the application can be sent by mail or brought in person to the administration.

Within 2 months from the moment of registration of the application, a commission meets at the administration of the region, municipality, or village council. Authorized employees carefully study all documents.

Particular attention is paid to changing the intended use of agricultural land. In this case, a decision by higher-ranking authorities is required, since the state does not allow a reduction in acreage without any compelling reason. Thus, the principle of priority of agriculture over other activities is implemented.

If all title documents are valid, and the commission has no questions or doubts about the applicant’s intentions, a positive decision is made.

The owner of the site may be refused in the following cases:

contradictions were found in the title documents regarding the current intended use of the land;
documents were prepared with violations;
the land plot is unique and it is prohibited to change its purpose;
There are objections from environmentalists;
changing the category is prohibited by federal, regional or local legislation;
approvals from higher-ranking authorities are required;
The presented package of documents is not complete.

Based on a positive decision, an act on changing the permitted use of the land plot is drawn up. The owner submits a copy of the act to the cadastral registration authorities to correct the information base and title documents.

Unfortunately, it is quite difficult to challenge the commission’s conclusion.

Practice shows that it is possible to achieve a review of a decision only in cases where the initial refusal is related to the preparation of documentation. Then the applicant again collects the necessary package of documents, clarifies and corrects the information contained in them, and again applies to the administration.

Conclusion

If necessary, changing the category of a land plot is quite possible. The probability is especially high when it comes to privately owned lands not intended for agricultural purposes.

To do this, it is enough to collect the necessary documents and submit an application to the executive authorities of the territory where the land is located. The list of documents should be clarified with the administration, since local requirements for the package may differ.

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A certain type of permitted use of the territory is established by the master plan adopted on the basis of the rules for development and use of land. However, in the Moscow region there are no such documents, so you need to be guided by urban planning regulations.
The VRI must necessarily correspond to the functional purpose of the object located on the land plot or planned for construction.
When choosing a use, keep in mind the possibilities for future development. It is worth considering in advance those areas of activity that can be used on this land.
Objects of historical or cultural heritage, as well as environmental and water protection zones existing on the territory, are also taken into account. They, like various power lines or gas pipelines, can cause difficulties when changing their purpose.
Before constructing any buildings, familiarize yourself with the general plan and urban planning regulations. They should provide for the construction of such facilities.
In some cases, the procedure requires holding public hearings or filing an application with the City Property Department requesting changes to the city planning regulations.
Changing the purpose of land is possible if the site is located in specially protected natural zones. However, for this you will have to go through many approvals and collect a whole package of documentation.
On the territory of New Moscow, changing the VRI will be somewhat easier than in the capital itself, and more difficult than in the immediate Moscow region. The difference is in the list of papers submitted to the municipality.

Legal significance of establishing types of permitted use

Since the category of land determines the list of available and permitted types of activities, the legislative establishment of types of land use contributes to the rational and efficient use of this unique natural resource. The owner of a plot of land is obliged to comply with the established permitted types of use.

Violation of the rules for permitted use of land entails prosecution in accordance with the law with compensation for damage caused by such use. In some cases, violation of the permitted type of land use can lead to the removal of a site from the legal ownership of the subject.

Procedure for changing the purpose of a land plot

Changing the purpose of a site (type of permitted use) can occur in two ways:

With the transfer of a site from one category to another;
Without transferring the site to another category.

In case of transfer to another category, the site can receive any type of permitted use. When the category of land changes, the list of permitted types of use also changes.

If a change in the purpose of a plot of land is not accompanied by a change in the category of land, the types of permitted use can only change within the same category. At the same time, the types of use change in accordance with the territorial planning schemes of municipal districts, master plans of settlements (districts and settlements), and urban planning regulations.

How to change the type of permitted use of a land plot

The type of permitted use is a mandatory characteristic of each land plot in the Russian Federation. The subsequent use of the land, the possibility of constructing structures for various purposes, all this is possible only depending on the purpose of the territory.

The legislation contains conditions that allow changing the purpose of the allotment. How to change the type of permitted use of land is described in more detail and in compliance with all norms established by law below.

A mandatory condition for property documents must be a description of the category, which in turn indicates the purpose of each plot.

In total, land is divided into seven categories:

Lands of settlements for construction in cities and villages.
For crops and the needs of agricultural enterprises. Use for other purposes is illegal and will result in financial penalties.
Land plots intended for the construction of industrial, energy and communications facilities.
Protected areas, reserves.
Forestry areas.
Water resources.
Reserve territories.

Each property of a certain category can also be divided according to its intended purpose.

Special purpose

In populated areas, areas can be divided:

residential areas, including individual, multi-storey, low-rise, mid-rise residential buildings, as well as other residential buildings;
production areas;
special areas appointments;
public areas.

These areas are clearly separated from other areas.

Agricultural land is also divided depending on the purpose of its use:

for agriculture;
for gardening;
for breeding and catching fish;
for private household plots;
for farming activities.

However, only a certain type of building can be erected here. Farmers or other owners who use the territory to make a profit must be registered with the tax service as individual entrepreneurs and keep records of income.

Changing the type of permitted use of a land plot is regulated by the Land Code of the Russian Federation, Article 8. The administration to which the land property belongs territorially must have special powers to carry out the operation to change the category.

The procedure can be carried out in two ways established by current legislation:

In the first case, Federal Law No. 172 adopted in March 2012 “On the transfer of land plots to another category” states that after the procedure the site can receive any type of permitted use.
In the second, Articles 37 and 38 of the Land Code state that a change in the category of a plot can only be carried out to another category specified in the proposed list.

The procedure is carried out in the manner established by the administration, depending on the location of the property.

The procedure for changing a category is considered complex, but it can be simplified if there is no need to change the type, but only need to change the intended purpose.

In any case, the matter will take a lot of time and require attentiveness and a responsible approach.

The administration of the village where the property is located should have a land committee, to which you will need to contact in the future.

If the management does not have such rights, then you need to contact higher authorities: district, city, regional municipalities.

Registration procedure

The procedure for changing the purpose of land plots is carried out in a certain order. Only by observing all the following conditions can you achieve the desired result.

The operation scheme can be established individually for each district, city or region. You need to check with your local municipalities.

But in most cases, all actions have a similar algorithm:

Prepare an application and send it to the administration authorized to deal with these issues. You can avoid the initial visit by visiting the official website of the organization.
Public hearings initiated by the administration are organized. Citizens living in the territory adjacent to the area being changed must be present here. These can be not only owners, but also tenants who want to express their opinion.
The results of the hearings, during which all participants express their opinions, are recorded. After which mandatory publication in the media is required.
In most cases, a positive decision is made as a result of the hearing, but it can also be negative.

In order to carry out the procedure for changing the type of permitted use of a land plot in 2020, you need to contact the local land committee for the location of the property with a package of the following documents:

an identity document and a photocopy of all its pages;
a statement of intention to change the type of use of your property;
certificates giving ownership rights to the site and buildings located on it, as well as their copies;
declaration;
cadastral passport;
other site documents (land survey plan, construction permit, commission conclusions);
if applications are submitted by individual entrepreneurs, an extract from the Unified State Register of Individual Entrepreneurs is required, for legal entities - an extract from the Unified State Register of Legal Entities;
copies of documents for buildings located on the site.

In addition, if the case is conducted by a representative of the owner, then a certified power of attorney will also be required.

Statement

A correctly completed application will allow you to begin the procedure faster. The first and main condition for writing a document is clear and justified content, which describes in detail the owner’s intentions regarding the further use of the territory and the absence of intention to break the law after changing the category.

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Here you also need:

indicate the cadastral number of the territory owned, its full and detailed description;
mark belonging to the current category;
indicate documents that indicate ownership. These can be sales contracts, donations, inheritances.

Next, a detailed explanation is required about the need to transfer the land territory from one type of permitted use to another. It can be advantageous to cite neighbors who have already completed the same procedure as an example, indicating their addresses and description of the site.

Certificate of approval

After the passage of time, a decision is made - an act of approval, which describes the commission’s consent to change the permitted type of use of the land plot or change the category.

The owner receives it and can then be guided by it for the further use of his site. Here, indicating all the laws of the Land Code, the grounds that led to the adoption of this agreement are described.

This act will be used during the entire period of ownership of the owner of this plot of land.

Timing and cost

The board of the administration council makes a decision on accepting or refusing to change the type of use of property within a period of no more than 30 working days.

The cost of such a procedure is subject to payment of a state duty - 2000 rubles for individuals. But a legal entity will have to pay 22,000 rubles for carrying out the same operation.

Changing the purpose of your land plot is not difficult if you prepare all the documents in advance and fill out the application correctly. And then on the former summer cottage it will be possible to build a residential building or fulfill other dreams that require such an operation.

How to change the type of permitted use of a land plot if there is a need, for example, to build an apartment building or cottage on land not intended for residential construction? After all, your plot of land can significantly increase in value if its intended purpose changes! This is what we will talk about in our article.

If you look at the certificate of title to the plot, you can see both the category of the land and its purpose. The modern Land Code identifies 7 land categories (agricultural purposes, settlements, residential areas, etc.), each of which, in turn, can be divided into types of permitted use.

Thus, agricultural land can be used:

for farming activities;
fish farming;
gardening;
gardening;
development of personal farming.

The lands of settlements can be divided into the following types of use:

residential areas;
production;
public and business;
special purpose zones and others.

Residential areas also have gradation. These include development zones:

individual residential buildings;
residential low-rise buildings;
residential mid-rise buildings;
residential multi-storey buildings;
other residential buildings.

In private circulation there are mainly lands of settlements and agricultural purposes, therefore they most often undergo changes in the category or type of permitted use.

For each plot of land, the state has established a purpose for its use, and this plot cannot be used for other purposes. You cannot build a store on your personal plot, or an apartment building on agricultural land.

A change in the type of permitted use of a land plot is applied, for example, to:

make money on resale (land in populated areas is valued much more expensive than agricultural land);
organize a production enterprise or retail outlet on your subsidiary plot;
build an apartment building on a plot that is intended for farming;
build up an agricultural area with residential buildings.

If you do not make changes to the permitted use of a land plot, but at the same time use it for other purposes, you may find yourself brought to administrative liability. The penalty for this may be, in accordance with the Administrative Code, a fine in the amount of:

up to 1% of the cadastral value of the plot, but not less than 10,000 rubles - for inappropriate use of land (for example, a store was built on a personal plot);
up to half a percent of the cadastral value of the plot, but not less than 3,000 rubles - for failure to carry out agricultural activities on the designated plot (for example, the arable land has not been used for a long time);
up to one and a half percent of the cadastral value of the site, but not less than 20,000 rubles - for the fact that nothing is being built on the site allocated for individual housing construction.

Who makes the final decision on changing the intended use of land?

An application to change the type of permitted use is sent to the local government body, which is obliged to hold public hearings on this issue with the participation of citizens living within the territorial zones where this site is located. Public hearings are held on the basis of federal legislation and local regulations of the municipality.

Taking into account the proposals and comments received as a result of public hearings, the head of the municipality makes a decision to change the type of permitted use of the site or to refuse the application.