When considering such a thing as land of settlements, what does it mean, and what are they? This is one of the most important aspects of civil law. At the same time, the main purpose of the lands of settlements is in the development and gradual development of villages, cities and other municipalities.
A similar category is formed in connection with its great importance. Indeed, with the growth of the country's population, the need for housing construction, as well as in creating the infrastructure necessary for people, is growing. A similar development of events by the state should be foreseen in advance, in connection with which the lands of settlements should expand. What does that mean? Under them, gradually, as necessary, empty territories should be transferred.
For this purpose, the legislation and various legal acts establish the exact parameters of those plots that could be subject to development in order to increase the settlement. This allows you to expand the boundaries of land settlements.
Legislation
The use of land of settlements, as well as all the relationships that arise in connection with the implementation of the turnover of this real estate, are reflected in the relevant regulations. The main one is, of course, the Constitution. However, this document does not contain any specific regulatory provisions. That is why the main source, containing all the necessary standards, is the Land Code. This document includes four special articles that relate to the legal status of settlements. Among them are the following:
1. Article 83 of the LC. When studying it, you can determine the basic concept and specify - the land of settlements, what it means. In addition, this article establishes a procedure that allows to give the necessary status to territories subject to human settlement. It also indicates the procedure for determining the boundaries of populated zones. According to the norm described in the article, the right to determine the territory and status belongs to local authorities. The article also determines that any land plot of the settlements is subject to requisition by the state in cases of implementation of master plans for the expansion of cities and their development.
2. Article 84 of the LC. It regulates issues related to the establishment and determination of the boundaries of the territory of settlements and lands. The main point of this article, which is important for private land users, is the possibility of including their property in the boundaries of the village without requisition.
3. Article 85 of the LC. It establishes the types of land settlements. In addition, this article regulates the relationship that arises between the owners and users of individual real estate of this form. This, as a rule, is the state and organizations that carry out permanent or temporary management of those objects located in the city.
4. Article 86 of the LC. It defines what suburban areas are. So, this category of land includes territories located near cities, as well as having connected infrastructure and general economic relations with them.
And, of course, the Land Code cannot answer absolutely all the questions that concern the land of settlements.What does that mean? Answers to questions affecting the problems associated with this category of civil law turnover can be found in other special legislative norms.
Appointment of settlement lands
If we analyze the norms of the Land Code, then the composition of the territory of settlements becomes clear. This is indicated in Article 85 of the LC, which defines what the category of land means. The lands of settlements, according to this article, are divided into the following zones:
- industrial;
- recreational;
- for transport and engineering infrastructures;
- for public business needs;
- for the construction of housing;
- agricultural use;
- under the deployment of military facilities;
- for special facilities;
- other.
When arranging the above zones, the urban planning procedure is subject to separate regulation. At the same time, all the processes necessary for the development of settlements are affected, including buildings for private housing, public buildings and industrial complexes. The obligation of each of the owners of this form of real estate in the village or in the city is also fixed by the law to comply with the necessary regulations for the construction of objects established by the authorized body. At the same time, it is explained that work on the arrangement of plots that belong to private individuals should be carried out in accordance with the requirements for use. Those territories that are intended for the activities of the public and business sectors of the city are subject to construction by buildings of a cultural, social, public and managerial nature, as well as having a social purpose.
Sites allocated for the industrial zone may contain facilities necessary for servicing the agricultural sector.
The lands of settlements for maintaining all of the above areas are often intertwined territorially. That is why, even before starting to use the site, you should carefully study the regulations and the map of the settlement at its location. Let us consider in more detail all categories of land sectors of settlements.
Residential areas
This category is invariably included in the lands of settlements. These zones are intended for the construction of residential buildings on their territory. But at the same time, cultural objects, as well as other purposes, can also be erected here.
Sometimes in residential areas is an individual residential development. It also does not contradict the current legislation. It allowed the construction of low-, medium-, as well as multi-storey mixed buildings. What other types of permitted land use land data do they have? They can also be used for other development, which does not contradict the urban planning regulations.
The list of buildings related to residential, as a whole, looks like this:
- cottages and private houses;
- houses with a different number of floors;
- other types of buildings intended for living.
In addition, in the residential area can be built:
- household enterprises;
- public utility buildings,
- social institutions such as kindergartens and religious buildings, clinics and hospitals, schools and religious buildings and educational institutions;
- parking lots intended for personal cars of the population;
- garages;
- other objects necessary for a normal life of people, not implying a deterioration of environmental conditions.
Here, it is also allowed to find summer cottages, garden and household plots.
Public and business area
What types of permitted construction include these lands of settlements? In these areas there are various kinds of administrative buildings, educational, cultural, domestic and social facilities.Located in public and business areas and other buildings intended for public use, which do not contradict the urban planning regulations.
The list of objects located in such territories may include:
- business centers and commercial enterprises;
- buildings and structures necessary for the implementation of industrial, commercial and other activities;
- other organizations and enterprises, as well as institutions created for public use.
In other words, what does this category of land imply? The lands of settlements allocated for the public-business zone include everything necessary for an active life and normal activity of people. There may also be multi-storey or underground parking, hotels, as well as residential buildings. All of them do not go beyond the list of objects that are provided by law for this sector.
Industrial areas
What is this category of land? The lands of settlements that are part of the production zone are built up with industrial, as well as communal-warehouse and other facilities intended for carrying out activities.
Moreover, all of them should not contradict urban planning regulations.
Location of engineering and transport infrastructures
These sectors are closely intertwined according to their functional purpose with industrial ones. At the same time, the production zone and zones for the placement of engineering and transport infrastructures can be built up:
- communal facilities, as well as buildings of housing and communal services;
- wholesale trade entities;
- institutions and organizations of the transport sector;
- warehouses;
- industrial enterprises;
- other types of infrastructures, which are provided for by the urban planning regulations.
Both industrial and engineering areas provide for the availability of sanitary zones. They are created on the basis of technological requirements that exist in relation to a particular production.
As for the zone intended for engineering and transport infrastructure, then on its territory there should not be any real estate objects, except for temporary ones. But even so, they should not interfere with the normal functioning of utilities and all types of transport.
Recreational areas
The use of land of settlements of this type is made for recreation of people, as well as for tourism. These sectors include urban forests, parks, squares, ponds and gardens, reservoirs and lakes.
This type of land use of settlements must be taken into account in the master plans of urban development. After all, the placement in the territory of various real estate is allowed only in those cases when their main purpose is to ensure the recreation area itself.
Within the boundaries of settlements, it is possible to allocate specially protected areas. These include lands that have a unique environmental, historical, cultural, scientific, aesthetic and other purposes.
Zones for special facilities
Section 85 of the LC also refers to sectors with special treatment. These include areas allocated for the placement of crematoriums and cemeteries, landfills and cattle cemeteries, household waste and other objects that cannot be used with other types of sites in cities and villages. In these areas, any construction is prohibited, as well as the alienation of buildings.
The definition of such zones is carried out by the executive authorities in agreement with local governments. This category of land has its own peculiarity. Such sites have limited access for most citizens.
Zones for the location of military facilities
Any relations in this sector are governed by specially created regulatory legal acts.A similar area is reserved for the placement of military facilities or those that have a special purpose on it.
Agricultural land
By these are meant orchards and fields, vineyards and plowed plots that are used for their intended purpose, but only up to a certain point. Their transfer to another form may occur in connection with the growth of the city or town. Moreover, the classification change must comply with the state construction plan, as well as the rules for the development of plots. A similar rule applies to buildings and buildings that relate to agricultural activities.
As part of the plots of this zone, there are:
- agricultural land;
- territories used for cattle breeding (pasture);
- plots occupied by personal subsidiary plots, dachas, etc.
For general use
All that is not included in the above categories of land use of settlements is related to this zone. A distinctive feature of the territory, which is intended for general use, is its large area.
This is a zone occupied by streets and squares, squares and boulevards, embankments and closed reservoirs. These are objects that all citizens can use without any obstacles, and they are not subject to privatization.
Land types
Very ambiguous is the answer to the question “What does the category of land mean?”. The lands of settlements, according to the current legislation, are not subject to any one strict classification. In addition to the types of this form of real estate described above, there are lands:
1. Based on privatization and accessibility. Most sections of public accommodation can be relocated to the private sector. The only exception is the common area.
2. If possible, authorized use. As you can see, there is an interweaving of territories belonging to various zones. Moreover, to one degree or another, they have a certain effect on each other. For example, if there are objects of environmental or historical-cultural significance on the territory of settlements and cities, then the procedure for their use will be combined. Priority for this, no doubt, will be more significant goals.
3. Located in the master plan of urban planning ("red lines"). In the near future, these plots will probably be used for the development of the city, so it makes no sense to spend money on them and build up this zone.
4. Suburban. These are lands in a special position. They can belong to any category, but at the same time there is a high probability of their transfer to the settlements. Before the implementation of such a plan, suburban areas are exempted from industrial facilities, plantings and infrastructure buildings.
5. Depending on the destination for individuals. These can be land plots that are allocated for the construction of individual housing, for development with extensions for various purposes, for people to manage their subsidiary plots and the territories occupied by gardening associations.
Land Valuation
Land is not only a natural resource, but also an object of real estate, as well as the main means of production. That is why it is subject to mandatory assessment.
What is this procedure? Valuation is the estimated or expert value of the property or any property interest. At the same time, it should be carried out by an authorized person or a specialist in the assessment and analysis of real estate.
The state cadastral valuation of the lands of settlements is a series of actions that are aimed at identifying the ability of a particular site to satisfy the various social needs of not only a specific person, but of the whole society.At the same time, the possibility of placing various types of production facilities, recreational areas, etc. in the studied sector is also taken into account. A similar assessment is made for a specific date.
The cadastral value of any land plot is determined using a whole range of methods. Among them are the following:
- comparative, which is an assessment of the object, based on comparing it with similar ones, information on prices for which are already available;
- profitable, based on determining the expected profit in case of using the land;
- costly, revealing the amount of costs necessary for the reproduction or replacement of the site, taking into account its depreciation.
Within the boundaries of the settlement, the consumer value of the plots is estimated. In this case, the cadastral price of each of the zones to be assessed includes the main part, which corresponds to the worst conditions, and the additional, which is the price for the best conditions.
The methodology for identifying the cadastral value of a plot of land within a settlement is based on a point estimate, which allows you to indicate the level of existing indicators of the values of the plots in a given village or city. A similar assessment is made for different groups. Based on the total score received, a general cost calculation is made.
All obtained land estimates are reflected in the state land cadastre, which, unlike forest, water and others, occupies a special place. And this is determined by the specifics of its main object.
The land cadastre is a whole system of actions for the description, accounting and evaluation of various zones, including those located in settlements. Similar events are held by the state. Their main goal is to obtain objective information about the earth. Thus, the cadastre is nothing more than a special state accounting and appraisal event. It is understood as a combination of reasonable and reliable information about land as an object that has an economic and legal status.
Cadastral valuation gives an idea of the wealth owned by society as a whole, as well as its individual members, and, in addition, allows for fair taxation of land users and land owners.