Or permitted use. Classifier of types of permitted use of land plots (VRI). Why do we need a conditionally permitted type of land use?

Sections of the article:

Knowledge of what can be built on a site and how it can be used is necessary not only for its owner. It is also required for future landowners.

Let’s assume that you need land for a farm, and the certificate of title or the Unified State Register of Real Estate indicates that the plot is intended to accommodate commercial facilities. It will not be possible to farm on such a plot.

The land must be used for its intended purpose. Moreover, in the modern presentation of the names of types of use established by the VRI Classifier of the type “peasant farm” there are no. The search for the site will have to be done in a different way.

Types of permitted use of land plots

Type of permitted use land plot- this is a parameter that determines possible methods of exploitation of the plot and objects capital construction:

within its intended purpose
in accordance with territorial zoning

VRI cannot be replaced unless the owner has a need for this replacement. The type of use of the allotment can only be changed in accordance with the Classifier.

Conditionally permitted types of land use

The composition of conditionally permitted uses of a particular land plot is determined by the urban planning regulations of the territorial zone to which it belongs.

The difference between the conditionally permitted type of landfill and capital construction projects and their main VRI:

when choosing a type from the main VRI, it is not necessary to obtain approvals and permits from authorities
To select one of the conditionally permitted types of approval, approvals are required

The procedure for obtaining permission for a conditionally permitted VRI site is established by the Town Planning Code of the Russian Federation:

the copyright holder sends an application to the authority local government
administration:
- organizes and conducts public hearings
- prepares:
  1. conclusion
  2. recommendations on granting permission for conditionally permitted VRI
  3. refusal to grant permission with reasons

If the decision is positive, a record of the conditionally permitted VRI is entered into the state real estate cadastre.

For example, the task is to construct retail facilities, catering and consumer services with a sales area of no more than 200 sq.m on a land plot located in the territorial zone of residential development of the first type (Zh-1).

Examples of conditionally permitted types of functional use of the territory:

permitted residential buildings exceeding the parameters of development requirements land plots
gyms
swimming pools
ambulance station
hospitals
administrative enterprises
offices
structures for permanent and temporary storage of transport
temporary structures for small retail trade

Auxiliary types of permitted use of land plots

Auxiliary VRI ensures the functioning of the main type of use.

For all types of objects with basic and conditionally permitted VRI, auxiliary types of permitted use apply to objects:

technologically connected with objects that have a basic and conditionally permitted VRI, ensuring their safety in accordance with regulatory and technical documents, including:
public passages
objects utilities(electricity, heat, gas, water supply, sewerage, telephone installation, etc.) necessary for engineering support of facilities of basic, conditionally permitted, and other auxiliary uses
parking lots and garages (open, underground and multi-story) to serve residents and visitors of the main, conditionally permitted, and other auxiliary uses
well-equipped children's playgrounds, areas for recreation, sports activities
utility sites
public toilets
facilities necessary to serve visitors of the main, conditionally permitted, and other auxiliary types:
- trade
- catering
- consumer services
temporary residence facilities necessary to serve visitors of main, conditionally permitted, and other auxiliary uses
facilities ensuring the safety of facilities of basic and conditionally permitted types of use, including fire safety
other

Features of the Classifier

VRI will not be divided into main, conditionally permitted and auxiliary
related types of site exploitation:
- inextricably linked with the main VRI
- does not require separate procedures, since they are already taken into account

Good to know

You can familiarize yourself with the conditions for registering ownership of seized land

In accordance with the Land Code of the Russian Federation, land plots are used in accordance with the established for them type of permitted use(VRI). The VRI of a land plot, along with other characteristics (area, category of land, etc.) determine legal regime of the land plot. In other words, the type of permitted use affects how the copyright holder can use it and whether it can erect and reconstruct buildings on a given land plot. The VRI of a land plot determines the cadastral value of the land plot and other features of the use of the land plot. For example, it establishes the maximum (maximum and minimum) sizes of land plots, the specifics of the procedure for providing a land plot from state (municipal) property.

Where can I find out about the type of permitted use?

The type of permitted use is additional characteristic land plot, and information about it is entered into the State Real Estate Cadastre (GKN). Thus, you can become familiar with the type of permitted use by ordering a cadastral passport or cadastral extract of a land plot. A situation is possible when information about the VRI of a land plot is not included in the State Property Committee. Consequently, the legal regime of this land plot has not been established, which means that it cannot fully participate in civil circulation and it is necessary to enter the relevant information about the VRI.

Where does the type of permitted use come from and who sets it?

The powers to determine the type of permitted use of a land plot are vested in local authorities. To do this, an appropriate decision (decree, order, etc.) of the municipal authority must be issued to determine the type of permitted use.

If a land plot was formed from a land plot (for example, as a result of the division of a land plot), then the type of permitted use is “inherited” from the original one.

If a land plot is formed from state-owned land, then the VRI must be entered into the State Property Committee on the basis of a decision of the local government body.

How can I change the type of permitted use?

Suppose you buy a plot of land with VRI “for individual housing construction”, but you want to use this plot of land for commercial purposes - to build an office building or production facility etc. First, you need to change the type of permitted use of the land.

Article 37 of the Town Planning Code of the Russian Federation sets the following:

1. Permitted use of land plots and capital construction projects may be of the following types:

1) main types of permitted use;

2) conditionally permitted types of use;

3) auxiliary types of permitted use, permissible only as additional to the main types of permitted use and conditionally permitted types of use and carried out in conjunction with them.

2. In relation to each territorial zone, the types of permitted use of land plots and capital construction projects are established.

3. A change from one type of permitted use of land plots and capital construction projects to another type of such use is carried out in accordance with urban planning regulations, subject to compliance with the requirements of technical regulations.

4. Main and auxiliary types of permitted use land plots and capital construction projects land rights holders and capital construction projects, with the exception of bodies state power, local governments, state and municipal institutions, state and municipal unitary enterprises, are chosen independently without additional permissions or approval.

In other words, using the example of the city of Tula, it can be explained as follows. The land use and development rules of the Municipal Formation of the city of Tula, approved by the decision of the Tula City Duma dated March 25, 2009 No. 65/1406 (hereinafter referred to as the Tula City Duma), divide the entire territory of the city of Tula into territorial zones. Each territorial zone contains a list of main, auxiliary, and conditionally permitted uses, and the owner of the land plot can, at his own discretion, choose any of the main and auxiliary VRI independently without government authorities and any additional decisions.

Example: You own a land plot in the city of Tula, located on Lenin Avenue in the area of house N. We look at the urban zoning map in the PZZ and find out that the land plot in question falls into the OZ zone - a public residential zone. Next, we look at the types of permitted use and select the appropriate VRI, for example, “Pharmacies.”

And the last thing you need to do is to submit a letter and an application to take into account the relevant changes to the cadastral registration authority with a request to change the VRI from “individual housing construction” to “pharmacies”.

After deadline You will be provided with a cadastral passport with the selected type of permitted use.

What to pay attention to.

In the Tula region, there is a practice that you may be asked to change the VRI if the State Real Estate Cadastre does not contain information about the boundaries of the territorial zone. In this case, it is necessary to carry out work to describe them and enter information into the State Property Committee. If you need to carry out work to describe the boundaries of a territorial zone, you can always contact us! The company’s employees have extensive experience in carrying out such work and will complete all work in a short time with full support of documents.

Note to customers

Since 2017, the paper certificate of ownership has been replaced by an extract from the unified register, in accordance with the law on real estate registration No. 218-FZ, which came into force on January 1, 2017.

The innovation of Law No. 218-FZ "On state registration real estate" is that when applying in person (except for cases of on-site reception), the place for submitting the application and documents will not depend on the location of the property. In other words, you can contact (send documents by mail) to any department of Rosreestr or submit documents personally through any MFC. The list of these divisions and MFCs will be provided on the Rosreestr website.

About deadlines

According to the Law "On State Registration of Real Estate" total term registration of real estate in the cadastre and state registration of rights has been reduced.

Open the public cadastral map of Rosreestr;
Enter the cadastral number of the land plot into the search line;
Get information about the category of land and the type of permitted use online.

To document the information, I recommend ordering an extract from the Unified State Register of Real Estate.

Rosreestr sends extracts from the Unified State Register within 3 days (there are delays). If you want to find out the category of land faster, I recommend ordering extracts directly through - this way you will receive the document within an hour. The cost is the same - 250 rubles, the official data is from the Unified State Register of Rosreestr and is confirmed by the registrar’s electronic digital signature (EDS).

An extract from the Unified State Register of Real Estate, which I recently ordered through

What is the category of land (purpose)

The division of land into categories is a consequence of the zoning of territories and the determination of state strategy. For example, agricultural lands include areas with fertile soil, forest lands should be covered with forest vegetation, and specially protected natural areas should be of great value for science and preserving the optimal properties of the ecological environment.

In accordance with the norms of the Land Code, the belonging of land to a category is the legal regime for its use. From this we can conclude that the category of land is a legally established description of standard properties.

Settlements (settlements);
agricultural purposes (agricultural);
special purpose (for example, lands occupied for industrial and energy facilities, communications, country security facilities, etc.);
specially protected natural areas (SPNA);
forest fund;
water fund;
state reserve.

The last category is distinguished not so much by the principle of use as by underuse. In a large country there will always be land that is not in demand in the national economic system - this is the country's land reserve. The greatest turnover of land is typical for the categories of agricultural purposes and settlements. In addition, the opportunity has arisen to transfer ownership of forest lands, but citizens are in no hurry to take advantage of it.

What is the type of permitted land use (URL)

The concept of permitted use of a land plot is of a clarifying nature within the framework of the intended purpose. The introduction of this concept is a consequence of more detailed zoning of the territory on the scale of a federal subject, region or other territorial division. However, a plot of land owned by a farmer may have a different permitted use within the same intended purpose.

In addition, there is a division of the permitted use into the following types:

basic;
conditionally permitted;
auxiliary.

Conditionally permitted type of land use

The conditionally permitted type of use of the land plot serves as a supplement within the category and permitted use. This addition occurs when it is not possible to create a classifier for all occasions.

In order to establish an additional standard, it is necessary to go through a special procedure for approvals and public hearings at the Land Use and Development Commission. Such an expansion of the VRI is possible only if it is provided for by local urban planning regulations.

Auxiliary permitted uses

Ancillary types of permitted use specify the actions performed within the framework of other types of use. A clarifying nature may consist, for example, in the placement of some small objects - garages, transformer box, fence, etc. Thus, a potential developer needs to fit into the intended purpose and main type of permitted use of its territory.

Other types of permitted use can be changed in the official dialogue between the potential and existing owner of the site with state or municipal authorities.

Example

A plot of land in SNT will have the following characteristics:

Category (purpose) - agricultural land;
Type of permitted use - for gardening and horticulture;

Now let’s look at each category and the types of permitted use included in it in more detail.

Lands of settlements

Placement of multi-storey residential buildings. Objects can be located chaotically, forming streets, or in territorial blocks, forming microdistricts;
Land allocated for individual housing construction (individual housing construction, individual railway);
Recreational areas. They can be located both inside the settlement itself and in the suburban area. In accordance with Art. 98 of the Land Code of the Russian Federation, recreational lands include lands intended and used for organizing recreation, tourism, physical education, recreational and sports activities of citizens. Clause 2 Art. 98 of the Land Code of the Russian Federation establishes the composition of recreational lands, which includes land plots on which rest houses, boarding houses, campsites, and facilities are located physical culture and sports, tourist centers, stationary and tent tourist and health camps, children's tourist stations, tourist parks, educational and tourist trails, highways, children's and sports camps, and other similar facilities. Clause 5 Art. 98 of the Land Code of the Russian Federation prohibits activities that do not correspond to the intended purpose of such a law. Recreational lands are intended for the recreational functions of both citizens and the preservation of natural properties; you can build on them, but only what is specified in Art. 98 Land Code of the Russian Federation. In addition, Art. Art. 285 - 286 of the Civil Code of the Russian Federation provides for liability for improper use of a land plot. In the event that the use of the site is carried out in gross violation of the rules for the rational use of land established land legislation, in particular, if the plot is not used in accordance with its intended purpose, this land plot may be seized from the owner;
Areas built up with industrial facilities, administrative buildings, public utilities, food and non-food supply facilities, etc.;
Land allocated for transport hubs - train stations, airports, river and sea terminals, etc.;
Location of power supply facilities;
Lands that are part of a populated area, but occupied by bodies of water;
Areas allocated for the placement of roads, canals, berths, pipelines, air, ground and underground communication facilities, etc.;
Specially protected natural areas within the boundaries of a populated area. Typically these include: parks, natural monuments, nature reserves, objects of special cultural and historical value, botanical and zoological gardens, open-air museums, etc.;
Land intended for agricultural use. Despite the consonance with the name of one of the categories, these lands are still within the intended purpose of settlement lands. These include personal subsidiary plots (LPH);
All other lands that can be represented by the space of streets, squares, reserve areas, special objects that are out of circulation, rights-of-way, security zones etc;
Settlement development reserve zones.

Do not confuse permitted use with land ownership. Objects that are federally owned, privately owned, owned by a municipality, or a subject of the federation can be located on the lands of settlements.

In addition, the placement of individual buildings should not be confused with settlements. For example, a forester's house, an apiary, industrial and residential premises at mining enterprises cannot be part of a populated area until the land under them changes its category.

Agricultural land

Agriculture is the basis of existence of any society and state. All this forced legislators to allocate land suitable for agricultural use into a separate category.

The category of agricultural land includes land plots located outside settlements, the economic function of which is to produce agricultural products. However, similar to the category settlements, agricultural land includes a number of lands that have their own permitted use.

Within agricultural lands there may be the following types of permitted use:

Areas occupied by roads along with rights-of-way;
lands occupied by forest vegetation (forest belts serving the function of protecting fields, forest areas for other purposes);
plots occupied by outbuildings;
arable land;
hayfields;
pastures;
gardens;
fallow lands.

The fallow may be of a special use nature, for example, for the purpose of increasing soil fertility, or it may be forced when the owner or user for some reason stops cultivating the land in accordance with its permitted use. Typically, a deposit refers to the latter case. The deliberate transfer of land to fallow land is usually carried out when the economic and environmental value of the sites is lost due to natural and man-made disasters, long-term pollution, and soil erosion.

Subcategories of agricultural land

As the name suggests, agricultural work must be carried out on these lands, and the agricultural lands themselves must be located outside the settlements. The categorical division of land determines the purpose and content of use. For agricultural land, the legislator distinguishes two subcategories:

agricultural;
and non-agricultural land.

Despite the apparent opposition, both types of land are subordinated to the same goal - to provide conditions for agricultural production.

Agricultural land

These include land plots used only for the purposes of agriculture or livestock raising. In turn, agricultural land is divided into arable land, hayfields, pastures, fallow land (temporarily uncultivated land), and areas with perennial tree plantations. Moreover, this division is not arbitrary; all types of farmland have a special legal status, which cannot be changed at random.

Areas that have undergone reclamation have a special status. This is due to the fact that in order for them to acquire the necessary resource properties, costly measures were taken to drain, water, restore soil fertility, and minimize erosion. Often such lands require uninterrupted reclamation work.

Non-agricultural land

Non-agricultural land is occupied by various auxiliary structures. These may include: roads, communications, protective forest belts, reservoirs, buildings that support agricultural production.

This non-agricultural status is subject to urban planning regulations, while agricultural land is not subject to its regulations.

Differences between the first and second

It should be noted that there is a difference between agricultural land and residential areas where farming is permitted. agriculture. In the first case, the land is a category and has a designated purpose, in the second, it is located within the boundaries of a populated area and has a specific permitted use.

Agricultural land is heterogeneous and has its own divisions based on the cadastral value principle:

Land with low and medium value. These usually include lands of long-term fallow, areas of low fertility, subject to erosion, pollution, etc.;
Land with a cadastral value significantly higher (50% or more) than the average for a given territorial unit;
Land of special value. Their cadastral value far exceeds average values. Typically these include arable lands that have long been involved in agricultural production and have high fertility.

Lands of forest and water fund

Forestry is carried out on forest fund lands, which most often involves forest management zoning. According to its results, all lands in this category are divided into areas where logging is carried out and into areas where the forest is restored;
Water fund lands are territories with water bodies, water protection zones of natural reservoirs, zones of water intakes and other water management structures.

Reserve lands and protected areas

These two categories of land are withdrawn from circulation. Lands of specially protected natural areas are, as a rule, state property, although the law allows these areas to be privately owned. There have simply been no such precedents in Russia.

Lands recognized as particularly valuable to society are transferred from one category to another and withdrawn from circulation and economic use. Their transfer back to another category is not provided for by law. Reserve lands cannot be used for economic purposes, but can be transferred to another category and with a certain permitted use.

Table of main types of permitted use

Number in the classifier

VRI

Very often, when purchasing real estate or wanting to build something on a plot of land, citizens are faced with such a concept as the type of permitted use of the land plot. Many even often confuse it with which is fundamentally wrong. We will try to figure out what types of use of land plots can be, what misuse of land is, and how a plot can be transferred from one type of use to another.

Categories of land - what are they?

According to the law, all lands are delimited into territorial zones. Their list, in particular, is contained in the Land and Town Planning Code RF. These two regulations define the following categories of territorial zones:

Social and business;

Transport and engineering infrastructures;

Specially protected areas;

Production;

Special purposes;

For agricultural purposes;

Recreational;

For the placement of military facilities;

At the same time, such a distinction does not imply that all land plots included in any category of land can be used only in accordance with their original purpose. This is primarily due to the fact that the structure of some categories of land is heterogeneous. Categories, in turn, are divided into types and subtypes. In some cases, legislation allows the use of land plots other than for their intended purpose, but within the category in which they are located. For example, the Land Code allows the construction of country houses on agricultural lands.

Types of permitted use

Main uses;

Conditionally permitted types of use;

Auxiliary types of use (however, they can only complement the main and conditionally permitted types and be carried out only in conjunction with them).

That is, it turns out that the legislator does not define each of these types and does not specify the conditionally permitted types. The main difference between basic and conditionally permitted species is that the latter requires a permit. Such a document is issued on the basis of which are carried out in accordance with the charter of the municipality. Auxiliary and main types of land use are chosen by the owners independently, without any additional approvals.

Who issues the permit?

As a rule, most of the land in settlements is in municipal or state ownership. Therefore, the choice of the type of permitted land use is usually confirmed by the execution of an agreement. It is possible to change one type of permitted use to another only on the basis of a decision of the relevant body, which was made taking into account urban planning regulations and various technical standards.

Before the adoption of development and land use rules, the type of permitted use of a land plot can be changed only after a decision to this effect is made by the head of the local administration.

Information about the permitted type of land use must be provided by local governments, government agencies, municipal organizations free of charge when choosing a site for construction. According to the Land Code, when holding an auction for the sale of plots, it is necessary to indicate information about the type of its permitted use. Permitted use is a certain legal basis for the construction of residential or industrial buildings on the land plot, carrying out drainage or irrigation work, etc. Meanwhile, the owner or proprietor must use the land plot in accordance with its intended purpose.

How is the permitted use of land determined?

Also important is the question of how the type of permitted use of a plot of land is determined. Firstly, the legal regime of the site depends on the category of land in accordance with zoning of territories and legislation. Secondly, if we analyze the norms of the Land Code of the Russian Federation, we can conclude that the belonging of land to one category or another depends on its intended purpose.

Territory zoning rules

Zoning of territories should be carried out for lands of populated areas. The Town Planning Code contains the concept of town planning zoning. It is carried out on the basis of urban planning regulations. As a result of this distinction, not only the legal regime of the land is determined, but also the grounds for the creation and operation of structures. At the same time, they are not established for the forest fund, reserve lands, specially protected areas, agricultural land, etc. Urban planning zoning occurs not only on the lands of settlements, but also on other categories of land.

From the above, it turns out that the type of permitted use of the land plot also depends on urban zoning. Especially in cases where reconstruction, construction and operation of facilities and structures are planned (in other words, land development).

How can I change the type of use?

As you understand, changing the type of permitted use is not easy, but it is still possible. To do this, you should prepare the following documents:

An application requesting such a change (submitted to the local administration);

Applicant's passport (copy);

For a plot of land (lease agreement or certificate of ownership);

Documents for structures located on the site (if any);

The plot or other documents for it;

Technical passports for buildings located on the site (if any);

If you want to use for construction, then you must also submit:

Project of the planned facility;

Site design from a planning organization;

Information about the planned facility (total area, number of storeys, building area);

Consent from the owners or owners of neighboring plots that border yours;

Consent from other rights holders of this land plot.

Timeframe for making a decision

All these papers can be submitted in person or sent via mail. You must receive a receipt for submitting documents. If a package of documents is submitted by a representative, then he must have a power of attorney with him. A decision to change the permitted use of a land plot can be considered by the administration for up to 45 days. You will also have to pay to make such a change. In each individual case the cost will be different.

Obtaining permission to change the type of use of a land plot

After the period for consideration of your application has expired, you will be given either a decision from the head of the administration to allow you to change the type of permissible use, or a written refusal to do so. They will refuse you if you submitted incorrect documents, or if it is determined that as a result of a change in the permitted type of use, misuse of the land plot is planned. If you feel that the refusal is unfounded, you can always appeal the decision in court. If a positive decision is made, then you must contact the state cadastre to make changes to Unified register rights to real estate.

Documents for Rosreestr

So, the following is submitted to Rosreestr:

Certificate of registration of rights to the site;

Boundary plan;

Decision of the head of administration;

Cadastral passport.

This authority reviews such a package of documents for up to 20 days. As a result of this entire procedure, you should receive an extract about the land plot.

Let's sum it up

From the above we can conclude that land plots can change the types of permitted use, but it is almost impossible to change the category of land. In general, the change in the legal regime of the land is based on the following principles:

The type of permitted use can only be changed in accordance with urban planning regulations. If the site does not meet the standards of the regulations, then the type of its use can be changed only after bringing it into compliance with the types of permitted use that are specified in these regulations;

It is prohibited to actually change the type of use of the site until the corresponding decision of the administration is received and the data is entered into Rosreestr. When considering applications to change the type of permissible use, the intended purpose of the land plot is taken into account first;

It is prohibited to select auxiliary views without selecting the main one. This procedure is not provided for by either local or federal regulations.

Do not forget also that in addition to the difficult procedure for registering a change in the type of use of a site, you will also have to pay for such a change.

Note

If you decide to purchase a plot of land, then first of all pay attention to the category and the permitted use of the land plots. After all, you can immediately look for a site with the types of use you need. For example, if you need land for farming, and the certificate of title to the land plot states that it is intended for gardening, then you will not be able to farm on such a plot.

It will be even more difficult if you want to change the category of land. After all, this will require the conclusion of an environmental impact assessment, as well as a host of other approvals. Moreover, in some cases, ZK and others regulations contain a ban on Therefore, if you decide to change the category of land, get ready for serious difficulties. It is easier to change the type of permitted use of a land plot, however, even such a request may be refused if the local administration determines that this change will contradict the law or local regulations.