Land owners have to resolve various issues related to the territories allocated to them. The most common of them include building, reconstruction of existing facilities, obtaining property rights. In the course of resolving these and many other issues, it becomes necessary to establish or change the type of permitted use of the land plot. Let us further consider how this is done.
Permitted Uses land: classifier
In public order, a set of acceptable parameters for the operation of the allocated territory is established. In accordance with them, the types of permitted use of land are determined. The classifier includes:
- Permissible functional indicators of the operation of structures, structures, buildings located on the territory.
- Cadastral value of the plot.
- Potential building parameters.
Allowed performance indicators
The types of permitted use of land plots contain information on specific possible ways of operating structures, structures, buildings to perform a certain type of economic or other activity. So, if the building in which the workshop is located on the territory whose category is “for industrial production” is located, this means that this structure cannot be operated for purposes other than those established.
It cannot be converted into a business center or shopping mall without appropriate approval. That is, before carrying out any work, it is necessary to make a change in the type of permitted use of the land. The category of permissible operation of the allocated territory also determines the possibility of reconstructing objects already present on it, as well as constructing a new building. Moreover, the types of permitted use of land affect the type of buildings that can be built on them.
Potential development indicators
The types of permitted use of agricultural land in some cases determine such parameters as:
- Establishment of maximum and minimum sizes of territories. This can be of great importance in the process of separation, allocation, conversion of plots.
- Permissible building area, number of storeys, density and some other urban planning regimes.
Cadastral value
The types of permitted use of land plots of settlements act as one of the main factors determining this value. This is due to the fact that it is found by multiplying the unit cost per square meter of the territory, which is established depending on the category of the allotment, by the area. Cadastral value, in turn, acts as one of the main factors that is used to determine the economic component of the operation of the area. Based on its value, are established:
- The amount of land tax paid by users and owners of the site.
- The amount of the fee established for tenants.
- The cost of the site upon redemption from municipal or state property, including by owners of structures and buildings located on it and so on.
For Moscow and St. Petersburg, additional conditions for the acquisition and lease of territories are established. Moreover, the payment also depends on the cadastral value.
How to change the type of permitted use of the land?
The law provides for two options. Changing the type of permitted use of the land can be made:
- Transfer of the allotted territory to another category based on the corresponding Federal Law. In this case, the land can receive any type of permissible use. However, this option is fraught with difficulties. In particular, it is necessary to comply with a number of mandatory procedures and take into account many legislative requirements.
- No translation in accordance with Art. 37-38 Town Planning Code and Art. 4.1 Federal Law introducing it into effect. This option is not considered as complex and lengthy as the previous one.
Due to the fact that the first method is quite problematic, it is more expedient to dwell on the second. Consider the change in the type of permitted use of the land without transferring to another category.
Public hearings
They are conducted by the local administration. AT public hearings Citizens who live within the locality in which the site is located are involved, for which the type of permissible use will be changed. If the new category can create a threat of negative impact on the environment, then the right holders of allotments and capital construction projects exposed to this risk are invited. According to the decision of the head of the district or municipality, a special commission is formed. Persons participating in the hearings may provide her with their comments and suggestions related to the issue under consideration for inclusion in the minutes.
Duration
The period during which a public hearing lasts from the moment of notification of the population until the date of publication of the opinion on the results is determined by the charter of the Moscow Region. At the same time, the holding period should not be more than a month.
Commission activity
She sends notifications that hearings will be held to the right holders of the territories that border the site, the type of use of which will be changed. Notices are also sent to owners of capital construction facilities, which are located on allotments, next to the one under consideration. Notifications shall be sent no later than ten days from the date of receipt of an appeal from an interested citizen or enterprise to change the type of permitted use of the land plot.
Hearing Results
A decision taken in public order shall be drawn up in the form of an opinion. It is subject to publication in accordance with the rules provided for the promulgation of municipal regulations and other official information. The conclusion can also be posted on the Internet site of the Ministry of Defense. In accordance with the decision, the commission is preparing recommendations, according to which the type of permitted use of the land will be changed. An authorized group may also refuse the person concerned to satisfy his application. In this case, a document is drawn up which gives reasons for such a decision. Both acts are sent to the head of administration.
Adjustments
According to the recommendations specified in the commission’s conclusion, the head of the administration, within three days from the date of their receipt, makes a decision on which the category will be changed or refused. A positive decision acts as the basis for making adjustments to the Unified Register.
Urgency of the problem
The importance of questions regarding changes in the current category of possible uses is constantly growing. This is mainly due to the growing deficit of housing area.Quite often, the need to make adjustments arises among the owners of agricultural land. Existing types of permitted use of land, the list of which is listed in regulatory enactments, not all provide for the possibility of development. For example, consider the following categories:
- Country construction.
- LPH.
- Conducting peasant farming.
- Gardening.
Only the first of the above categories allows for the construction of a residential building and its registration in the manner prescribed by law. In terms of economic attractiveness, the use of agricultural land for development is of particular interest because the cost of such territories in comparison with the land located in settlements is much less.
Likely difficulties
If we talk about summer cottage construction, it is necessary to note a number of circumstances that may prevent a change in the type of permissible use of the site for this purpose. If the allotted territory belongs to productive, especially valuable lands, to make the desired adjustments is very problematic. The criteria by which the land will be recognized as such are established independently by each entity of the country. Another important point worth paying attention to is that the territory of agricultural land can only be transferred to citizens, as well as to their non-profit associations. A legal entity is not entitled to obtain such a land plot.
Finally
The process during which the existing type of permissible use of the allocated territory is changed may take about six months. Documents that confirm the favorable outcome of the procedure are the cadastral plan and certificate of state registration. After receiving these securities, the process of changing the type of acceptable use can be considered completed. The category of allocated territory, therefore, has a significant impact not only on the way it is operated. It is important in determining the costs associated with both the direct use of land and the facilities that are located on it, and with the implementation of work related to development or reconstruction, as well as reprofiling the current activities of the owner.