Group 5 for placement of retail objects. Basic, conditionally permitted and auxiliary types of permitted use of land plots and capital construction projects. VRI change. Conditionally permitted type of land use

IN recent years legal regulation in the field of land and property relations is undergoing significant changes. One of the main regulatory legal acts that significantly influenced the reform of land legislation was approved by order of the Ministry of Economic Development Russian Federation dated 01.09.2014 No. 540 Classifier of types of permitted use land plots.

The classifier was developed in pursuance of paragraph 13 of the action plan (“road map”) “Improving the quality public services in the field of state cadastral registration of real estate and state registration rights to real estate and transactions with it”, approved by Decree of the Government of the Russian Federation dated December 1, 2012 No. 2236-r, paragraph 2 of Article 7 of the Land Code of the Russian Federation and defines an exhaustive list of types of permitted use of land plots (hereinafter also referred to as VRI, types of permitted use).

The classifier is aimed at eliminating the unsystematic nature, excessive specification, and unnecessary diversity of types of permitted use that have developed as a result of many years of practice of independent establishment of VRI by authorities local government by enshrining them in the rules of land use and development of municipalities.

The VRI classifier is a unified system of typology of types of permitted use of land plots. It establishes a certain standard for the types of permitted uses - their names, contents and codes. The description of the type of permitted use contains the permitted activities on the land plot, the types of objects whose placement complies with the established VRI.

The types of permitted use of land plots are set out in the Classifier not simply by sequential listing. In the structure of the Classifier, individual types of permitted use are combined into larger groups. This grouping was used not only for the most understandable perception of the information contained in the Classifier, but also, as practice shows, it is convenient for the developer of land use and development rules to use when preparing urban planning regulations.

It is worth noting that the description of the content of the types of permitted use is quite broad and includes a wide range of activities permitted to be carried out on the land plot, including the placement of objects that previously should have been included in the auxiliary types of permitted use . For example, the content of the types of permitted use of “Residential development” includes the placement of garages and parking lots. In addition, some of the types of permitted use of land plots associated with residential development include the cultivation of fruits, berries, vegetables, melons, ornamental crops, the arrangement of sports and children's playgrounds, and recreation areas. In this example we are talking about the accompanying use land plot, which is inextricably linked with its main purpose, and, in fact, is an auxiliary type of permitted use.

This circumstance eliminates the need to establish in urban planning regulations the placement of objects required for the full functioning of the territory (such as objects intended for temporary storage of motor vehicles, objects serving residential buildings, etc.) as auxiliary types of permitted use in residential, public, business and other areas, which is certainly a positive thing.

In addition, Order No. 540 contains a separate clause stating that the content of all types of permitted use listed in the Classifier allows, without separate indication in the Classifier, the placement and operation of a linear facility (except for public railways and public highways of federal and regional significance) , placement of protective structures (plantings), land reclamation objects, antenna-mast structures, information and geodetic signs. It follows from this that engineering and technical support facilities for buildings, structures, and structures are permitted in all territorial zones.

Considering that the functioning of almost any facility is not possible without utility networks (communications, water supply, sewerage, electricity, heat, etc.), previously their indication was necessary in the urban planning regulations of all territorial zones as an auxiliary type of permitted use, and With the adoption of the Classifier, which established the possibility of placing and operating linear objects together with any type of permitted use of the land plot without the need to separately indicate such objects, the content of urban planning regulations was significantly simplified.

The considered examples clearly illustrate that the VRI Classifier has significantly facilitated the work of preparing land use and development rules by unifying approaches, eliminating discrepancies that arise when determining the types of permitted use, eliminating their excessive detail, which leads not only to overload of urban planning regulations, but also to subsequent the need for frequent adjustments.

It would seem that the unification and streamlining of VRI by introducing a single terminology with clearly defined content by the Classifier should eliminate the problems of double interpretation and incorrect definition of types of permitted use when preparing draft rules for land use and development, which, in general, is what happened. However, the structure of the Classifier and some formulations of the VRI in practical application cause more difficulties than eliminate inaccuracies.

As a result practical activities on the preparation of urban planning zoning documents for specialists and authorities state power, local governments, as well as other law enforcement officials had to face a number of intractable issues caused by the newly introduced types of permitted use enshrined in the Classifier.

It is worth noting that the developers of the Classifier, understanding the significance of its adoption and at the same time realizing that the first edition was not perfect, initially anticipated the inevitable need for adjustments in order to improve it. So, M.V. Bocharov, Deputy Director of the Real Estate Department of the Ministry of Economic Development of the Russian Federation, noted that “Its improvement will also continue in connection with the emergence of new types of activities (an example is the institution of non-profit hiring), and in order to better adapt the classifier for other needs – assessments, provision of land plots, etc. At the same time, in its improvement it is necessary to show a certain restraint and wisdom. The needs and conditions of many regions may differ (for example, some cities have special zoning and naming traditions), but it must be understood that the classifier must serve the interests of the country as a whole, and its subsequent changes must be justified by compelling reasons.”

At the same time, before making the necessary changes, realizing the imperfection of the Classifier, as well as showing “restraint and wisdom,” law enforcement officials, when faced with problems in the process of using it, tried to independently find optimal solutions to overcome such problems and adapt the Classifier taking into account the specifics of municipalities.

One of the main, significant shortcomings associated with determining the types of permitted use for residential development was identified during the first application of the Classifier in practice. As a result of use established standards An ambiguous situation has arisen regarding the definition of VRI for the zone of low-rise residential development, which is typical, as a rule, for most municipalities of the country.

The classifier did not provide for the main type of permitted use, reflecting the needs and fully corresponding to the purpose of the low-rise residential development zone. In the original edition of the Classifier, a type of permitted use was proposed: “low-rise residential development (individual residential construction; placement of country houses and garden houses)”, which actually meant individual residential construction, namely “location of a residential building not intended to be divided into apartments”, which automatically excluded the possibility of its use as a VRI, providing for the construction of low-rise multi-apartment residential buildings. Thus, the Classifier did not provide for the type of permitted use, which could clearly and indisputably include 2-3 storey apartment buildings.

In search of the most suitable solution, the option of including in the urban planning regulations of the low-rise residential development zone such a basic VRI as “blocked residential development” with a maximum number of blocks of up to 10 was considered, which, in turn, makes this development close to multi-apartment residential buildings. This option for using permitted uses is not entirely suitable for municipalities where multi-apartment development is planned or exists. residential buildings 2-3 floors with more than 10 apartments.

Realizing some of the problematic nature of this approach, in search of other solutions, another option was found, which consists in establishing the main VRI “mid-rise residential development” and limiting it in parameters - the number of floors to 3 floors. However, it should be noted that this decision could contradict urban planning standards, which provide for a mid-rise residential development with a number of floors of 4 and above. So, for example, regional standards for urban planning of the Khanty-Mansiysk Autonomous Okrug - Ugra, approved by the Decree of the Government of the Khanty-Mansiysk Autonomous Okrug - Ugra dated December 29, 2014 No. 534 - p, provide for mid-rise residential buildings from 4 to 8 floors. Therefore, it is worth recognizing that not a single approach fully eliminated the existing problem and was not an optimal solution.

Considering the above, the most expedient and effective solution was to make changes to the Classifier that would make it possible to unambiguously determine the type of permitted use of land plots and objects located on them.

Continuing the issue of residential construction, it is necessary to dwell on another gap associated with the lack of possibility of placing residential country houses on agricultural lands. The specified VRI, despite its relevance and prevalence both in urban districts and in settlements, is not provided for by the Classifier. This circumstance entails negative consequences in the form of the inadmissibility of the formation of a land plot for this type of permitted use and, as a consequence, the placement of such VRI.

To be fair, it is worth noting that the Classifier did not completely miss the issue of dacha construction. Thus, the placement of country houses was provided for by the VRI “low-rise residential development (individual housing construction; placement of country houses and garden houses)”, however, this type permitted use applies only to the lands of a populated area, which does not correct the problem that has arisen.

Considering that this issue is extremely relevant, and the VRI is in demand for many municipalities, in order to fill the gap, there was also a need to amend the Classifier, in terms of supplementing it with the corresponding type of permitted use.

In addition, in some cases, a negative reaction from law enforcement officers was caused by the illogical and inappropriate distribution of VRI into groups. In particular, the incompatible combination was enshrined in the VRI “public services”, which included “Placement of objects capital construction in order to provide the population and organizations utilities, in particular: supply of water, heat, electricity, gas, provision of communication services, drainage of sewage, cleaning and cleaning of real estate (boiler houses, water intakes, sewage treatment plants, pumping stations, water pipelines, power lines, transformer substations, gas pipelines, communication lines, telephone exchanges, sewerage, parking lots, garages and workshops for servicing cleaning and emergency equipment, waste incineration and recycling plants, landfills for burial and sorting of household garbage and waste, collection points for their recycling , as well as buildings or premises intended for receiving the population and organizations in connection with the provision of public services to them).”

This VRI contained conflicting permitted uses for one group. Since such VRI as “public services” is typical for inclusion as the main and auxiliary types of permitted use in the urban planning regulations of many territorial zones, the establishment of some VRI in it is simply unacceptable. For example, “public services” is subject to inclusion as the main type of permitted use in a number of public and business zones, which, in turn, automatically causes a negative attitude towards the possibility of locating “Waste incineration and recycling plants, landfills and sorting of household waste” in them "considering the degree negative impact on the environment specified objects, while “gas pipelines, communication lines, sewers, etc.” are not just acceptable, but are necessary VRI for the normal functioning of objects located in these territorial zones. Waste incineration and recycling plants, landfills for disposal and sorting of household waste are special facilities that require the establishment of sanitary protection zones, and are subject to inclusion in the appropriate group of VRI “Special”. Previously, they tried to solve this problem by establishing such a restriction in urban planning regulations as a ban on the placement of objects that cause harm environment and sanitary well-being, which meant the inadmissibility of locating factories and landfills that required the establishment of sanitary protection zones. At the same time, the above circumstance predetermines the need to differentiate the objects contained in the description of the VRI “public services” and exclude “Waste incineration and waste processing plants, landfills for disposal and sorting of household waste.”

The content of some VRIs raised questions during the work, to which reasoned answers were not found. For example, one of these questions is related to the description of the content of the VRI “road transport”, which fixes the “location of highways out of bounds populated area,” to which a completely reasonable question arises: “what about the roads within the boundaries of a populated area?” I believe that there are no arguments that determine the correctness of this formulation, and this is a shortcoming that requires adjustment of the Classifier by making changes.

Also, questions were raised by the descriptions of the types of permitted use “business management” and “banking activities”, which include identical objects: “Placement of capital construction projects for the purpose of: placement of production management bodies, ..., banking, insurance activities, ...” and “ placement of capital construction projects intended to accommodate organizations providing banking and insurance services.” What criterion should be followed when choosing an internal institute to include an organization in the field of banking remains a mystery. In order to eliminate confusion when choosing the type of permitted use, it is advisable to exclude banking and insurance activities from the VRI “business management”.

In addition, the Classifier contains a closed list of types of permitted use, which excludes the possibility of taking into account the individual characteristics of the territory in urban planning. For example, a closed list of objects has been established that can be placed on a land plot with the type of permitted use “Entertainment”. However, the types of entertainment facilities are not limited to discos, dance floors, nightclubs, water parks, bowling alleys, amusement rides, racetracks, slot machines or playgrounds. Quite common in practice are billiards or paintball, which are not included in any of the categories. The closed list also contains the type of permitted use “Sports”, which also does not take into account all the objects that are in demand in practice, for example, there are no karting tracks. Therefore, the most reasonable solution is to establish formulations for a broad interpretation of the content of VRI, including many various objects, which cannot be listed in the Classifier to avoid overload.

Considering the shortcomings and gaps stated above, as well as the importance of using the Classifier in practical activities and its impact on land and property relations, there is an urgent need to make changes taking into account the identified problems.

That is why at the end of 2015, Order of the Ministry of Economic Development of Russia dated September 30, 2015 No. 709 “On introducing changes to the classifier of types of permitted use of land plots, approved by Order of the Ministry of Economic Development of Russia dated September 1, 2014 No. 540” (hereinafter also referred to as Order No. 709) was adopted. .

Order No. 709 is aimed at clarifying the wording of certain types of permitted use and supplementing the Classifier with a number of new VRI based on law enforcement practice. In particular, the following changes were made to the Classifier to eliminate the above problems.

In the new edition of the Classifier, low-rise residential development is divided into individual housing construction and low-rise multi-apartment residential development. New types of permitted use have been introduced, including “dacha management,” which involves placing residential country houses on agricultural lands. The descriptions of VRI have also been clarified, including “Public services”, “Business management”, “Road transport”, “Special activities”, “Sports” and others.

A number of other changes have also been made to the Classifier to eliminate other shortcomings identified during its application. These changes certainly improve the content of the Classifier and increase the efficiency of its use in practical activities.

However, despite significant adjustments to the VRI Classifier, issues requiring its further improvement still remain.

Thus, closed lists are still preserved in the description of types of permitted use (“Cultural development”, “Sports”, “Entertainment”, etc.), which does not allow taking into account the individual characteristics of the territory when preparing urban zoning documents. The duplication of identical formulations (“scientific and selection work”) in different VRIs has not been completely eliminated. In addition, the Classifier does not cover all types of objects that in practice are subject to inclusion in urban planning regulations. For example, there is no clear answer as to what type of permitted use includes pharmacies, fire stations, and others. At the same time, the Classifier contains VRI (“Reserve Forests”), the advisability of which is questioned due to their regulation legal status federal legislation.

In conclusion, I would like to say that the adoption of the Classifier is undoubtedly an important achievement that plays a huge role in regulating land and property relations by introducing a unified approach to establishing the types of permitted use of land plots, including the unification of the names of such types, their descriptions and content, and its the impact on the effective establishment of permitted types is positive and significant.

Bibliographic list:

1. Order of the Ministry of Economic Development of Russia dated September 1, 2014 N 540 “On approval of the classifier of types of permitted use of land plots” // SPS ConsultantPlus.
2. Order of the Government of the Russian Federation dated December 1, 2012 No. 2236-r “On approval of the action plan (“road map”) “Improving the quality of public services in the field of state cadastral registration of real estate and state registration of rights to real estate and transactions with it” // SPS ConsultantPlus .
3. Land Code of the Russian Federation//SPS ConsultantPlus.
4. Interview with M.V. Bocharov on the classifier of types of permitted use of land plots // Territory Development Management. 2014. No. 3. P. 16-20.
5. Decree of the Government of Khanty-Mansi Autonomous Okrug - Ugra dated December 29, 2014 No. 534-p “On approval of regional standards for urban planning of the Khanty-Mansiysk Autonomous Okrug - Ugra.”
6. Order of the Ministry of Economic Development of Russia dated September 30, 2015 No. 709 “On introducing changes to the classifier of types of permitted use of land plots, approved by Order of the Ministry of Economic Development of Russia dated September 1, 2014 No. 540” // SPS ConsultantPlus.

The main legal characteristic of plots is the division into categories and types of permitted land use. It is necessary to take into account the characteristics of the territories and apply them expediently. Dividing land into categories and types of permitted use allows the state to control the country’s basic resources and minimize losses useful properties land plots.

The composition of lands on the territory of Russia is regulated by Art. 7 of the Land Code. According to the law, there are seven categories of land:

1. Land intended for agricultural needs.
2. Earth settlements.
3. Land plots for special purposes (intended for the purposes of industry, transport, communications, defense, security, etc.).
4. Lands of specially protected areas and objects.
5. Water fund lands.
6. (areas that are currently unused and are in the country’s reserves).

The legal regime of certain categories of land may provide special conditions. This is necessary to preserve the natural characteristics inherent in the territory (for example, areas of national parks).

Types of permitted use of land plots

The permitted use of a land plot is a clarifying characteristic showing the purpose of the territory. You can use the site, even if it is owned, only in accordance with its affiliation with a certain type permitted use.

There are more than 3,000 possible types of permitted use. All of them are listed in the classifier, which was established by order of the Ministry of Economic Development of Russia dated September 1, 2014 No. 540 “On approval of the classifier of types of permitted use of land plots.”

Using a land plot for purposes other than its intended purpose is grounds for bringing the violator to administrative liability.

The fine for using land for other purposes is quite significant - up to 1% of the cadastral value, but not less than 10,000 rubles. Penalties are imposed in accordance with Art. 8.8 Code of Administrative Offenses of the Russian Federation.

In addition, if the owner has placed a retail outlet on a site whose permitted use is the construction of a residential building, he will have to not only pay a fine, but also demolish the non-purpose structure.

Before purchasing a plot of land, it is worth clarifying the type of permitted use. As a rule, it is registered in the cadastral passport.

Mainly two categories of land are involved in active turnover: agricultural land and residential land. Despite the fact that forest areas can also be registered as private property, citizens rarely use this.

Lands of settlements: types of permitted use

The lands of settlements have a clear boundary. Such areas are intended for the residence of citizens and the placement of the necessary infrastructure.

All land in settlements is divided into zones. They are listed in Art. 85 of the Land Code of the Russian Federation. There are nine such territorial zones of settlement lands:

1. Residential areas.
2. Social and business.
3. Production.
4. Engineering and transport infrastructures.
5. Recreational areas.
6. Areas of agricultural use.
7. Special purpose zones.
8. Military facilities.
9. Other land plots.

Each zone has its own types of permitted use. Citizens are only interested in residential and agricultural zones, since they can be transferred into ownership.

Land plots located in residential zones have the following types of permitted use:

• Individual housing construction (individual housing construction);
• Private household plot (personal subsidiary plot);
• DNP (dacha development).

Construction is possible on each of these sites. However, there are significant differences.

Dear readers! We cover standard methods for solving legal problems, but your case may be unique. We will help find a solution to your problem for free- simply call our legal consultant at:

It's fast and for free! You can also quickly get an answer through the consultant form on the website.

Land plots intended for residential development and private household plots imply the possibility of development, regardless of the required dimensions. But there is a significant disadvantage - it is very difficult to register in such areas.

Buildings on individual housing construction lands are maintained in the same way as buildings in urban settlements. The owner has the right to register here without hindrance. Although there are no restrictions on the dimensions of buildings, the construction project will need to be agreed upon with the municipality. The disadvantage of individual housing construction plots is the increased tax rate relative to DNP lands.

Types of permitted use of agricultural land

Agricultural lands are located outside the boundaries of settlements. Hayfields, pastures, gardens, arable lands and buildings can be located here.

The intended purpose of agricultural land for citizens may be as follows:

1. Personal farming. Installed with or without a building permit.
2. Country construction. The construction of a suburban residential building is allowed here. Unlike development on settlement lands, the construction project does not need to be approved.
3. Horticulture, animal husbandry, crop production, etc.

A significant disadvantage of acquiring ownership of agricultural plots is the almost complete impossibility of registering in a constructed residential building.

Types of land use for individual housing construction, vegetable gardens and business according to the classifier

For the purposes of individual development and personal farming, plots with codes 2.0 – 2.7 in section 2 of the classifier are suitable. These numbers mean that the land can be used for the following purposes:

• construction of low-rise residential buildings (up to 3 floors, not implying apartment division);
• growing fruits, berries, vegetables and other agricultural crops (gardening and horticulture);
• ancillary buildings (construction of sheds, garages, etc.);
• construction of garden buildings;
• maintaining personal subsidiary plots and organizing a plot;
• construction of temporary mobile structures with the ability to connect to general technical networks (trailers, campsites, etc.).

When planning business activities, a land plot that has the type of permitted use provided for in section 4 of the classifier (codes 4.0-4.9) is suitable. The intended purpose of such sites allows for the placement of capital construction projects built for trade, transport services, recreation, entertainment, etc.

What other types of permitted land use are there?

Town Planning Code three options for the types of permitted land use are established. According to Art. 37 Civil Code of the Russian Federation exist:

• main types of permitted use;
• conditionally permitted types of land use;
• auxiliary types.

The main types of permitted use of land plots are listed in the classifier. They are not subject to additional approval from authorities. This means that the owner has the right to dispose of the site at his own discretion within the framework of the law and the classifier.

It is impossible to provide for everything with a classifier. Therefore, there are conditionally permitted types of land use. This provides an opportunity to expand legal uses of the land if necessary. The list of conditionally permitted species is established at the local level.

To establish an additional type of permissible use on your site, you must go through the approval procedure with the municipality and the Land Use and Development Commission. This may be required, for example, if you plan to build a retail outlet for selling small retail goods on your site intended for individual housing construction.

Auxiliary types of permitted use are used to clarify the existing intended purpose. Such an addition may be required if the owner wants to build a fence, garage or other small object on his property.

1. Open the public cadastral map of Rosreestr;
2. Enter the cadastral number of the land plot into the search line;
3. 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.

1. Settlements (settlements);
2. agricultural purposes (agricultural);
3. special purpose (for example, lands occupied for industrial and energy facilities, communications, country security facilities, etc.);
4. specially protected natural areas (SPNA);
5. forest fund;
6. water fund;
7. 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 (WRI)

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 land plot 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:

1. basic;
2. conditionally permitted;
3. 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

1. Placement of multi-storey residential buildings. Objects can be located chaotically, forming streets, or in territorial blocks, forming microdistricts;
2. Land allocated for individual housing construction (individual housing construction, individual railway);
3. 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 lands for recreational purposes, which includes land plots on which there are holiday homes, boarding houses, campsites, physical culture and sports facilities, tourist centers, stationary and tent tourist and health camps, children's tourist stations, tourist parks, educational hiking 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;
4. Areas built up with industrial facilities, administrative buildings, structures utilities, food and non-food supplies, etc.;
5. Land allocated for transport hubs - train stations, airports, river and sea terminals, etc.;
6. Location of power supply facilities;
7. Lands that are part of a populated area, but occupied by bodies of water;
8. Areas allocated for the placement of roads, canals, piers, pipelines, air, ground and underground communication facilities, etc.;
9. 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.;
10. 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);
11. 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;
12. 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 in separate category.

The category of agricultural land includes land plots located outside settlements, the economic function of which is to produce agricultural products. However, like the category of 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:

1. agricultural;
2. 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 lands 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

On the territory of the Russian Federation there are several categories of land according to the classification of land by use. A separate category is divided into types of “permitted land use”. For the most part, citizens are in demand for land plots classified as “land of populated areas.”

General concepts

Urban planning regulations for a separate territorial zone of the country are developed individually. It is based on land use rules and the territory development plan. It is compiled taking into account the characteristics of the location and the further formation of the area’s infrastructure, compatibility different types land use and regional zoning.

Dear readers! The article talks about typical ways to resolve legal issues, but each case is individual. If you want to know how solve exactly your problem- contact a consultant:

APPLICATIONS AND CALLS ARE ACCEPTED 24/7 and 7 days a week.

It's fast and FOR FREE!

What is it

The wording “type of permitted use” denotes the purposeful purpose of the land plot being in operation. Information about it must be entered into the Unified State Real Estate Cadastre.

The VRI classifier is defined by an exhaustive list of standards and approved by the instructions of Order No. 540, issued by the Ministry of Economic Development of the Russian Federation. It contains the name of the species, its detailed description and code. It makes it possible to resolve the issue of using land for its intended purpose throughout the country.

What is regulated

Regulation of issues regarding land legal relations is carried out by the following regulations:

Land classification

The legal regime of a resource in the Russian state directly depends on its intended purpose. Their division into separate categories makes it possible to increase the level of regulation of relations related to the use of land. A detailed classification was introduced in order to improve the institution of their rational use.

Agricultural purposes

In accordance with the classification, lands with agricultural purposes are assigned code No. 1. It contains 18 types of permitted use, the main of which are:

Settlements

The division of settlement lands into separate zones is carried out in accordance with the standards of urban planning regulations. Based on it, a development plan for a certain area is developed with clear boundaries that separate them from lands of other categories.

It includes:

• construction of civil and industrial, public buildings and structures;
• creation and development of infrastructure in the field of transport construction, engineering communications;
• carrying out recreational activities.

Special forces

The legislator allocated lands allocated for:

1. Arrangement of cemeteries.
2. Construction of crematoria.
3. Organization of household waste dumps, including other types of objects that cannot be used together with objects in other territorial zones of populated areas.

They must meet the requirements stipulated by special regulations.

Dedicated fund of the Russian Federation

Land resources belong to to the Russian state, which is endowed with the right of their possession, use and disposal on the basis of:

• federal property;
• property of the subjects of the Federation.

The state and municipalities lease land to citizens for a certain period of time or transfer it into permanent ownership.

Water

According to the classifier, the territories of water bodies are divided into types of permitted use:

1. General.
2. Special.
3. Hydraulic structures.

Plots of land adjacent to them are used for the construction of engineering water management systems and structures.

Forest

Forest lands are divided into 4 types of permitted use. They allow the construction of facilities that are intended for the production of certain products from forest resources.

These include:

• harvesting of wood, mushrooms, berries, their processing and export, preservation of the resulting products;
• artificial cultivation of forests.

Specially protected

• natural reserves and biosphere protected areas, wildlife sanctuaries;
• natural and national parks;
• unique, irreplaceable, ecologically, scientifically, culturally and aesthetically valuable natural complexes;
• artificial dendrological parks and botanical gardens;
• health resorts and sanatoriums.

Reserve

Reserve lands mean vacant, undeveloped or abandoned land areas due to various reasons. In terms of area, they occupy 3rd place, located mainly in sparsely populated areas of Siberia, the Far North and the Far East.

Their intended purpose is not determined by the legislator, although they are subject to cadastral registration and have federal, regional and local significance. Reserve lands are transferred to other categories, so their area decreases or increases over time.

They are involved in economic circulation for their intended use and are withdrawn due to changing circumstances of land use.

Zoning Features

The regulations of Article 85 of the Land Code of the Russian Federation provide for 9 categories of territorial zones. Of these, only two categories are subject to transfer to private ownership - lands allocated for the construction of residential areas and used in the field of agricultural farming.

The legislator imposed a ban on citizens acquiring ownership rights to lands classified as other categories:

Video: 7 appointments

Important nuances

The state will regulate the system of environmental protection measures by removing certain territories and water areas from economic use. Within their borders, restrictions are imposed on the implementation of any activity. The measure allows for the preservation of the ecological system, the gene pool of flora and fauna, and natural landscapes.

If there is a building on a plot of land that belongs to an individual or legal entity, then they have the right to acquire ownership of it. It allows you to establish the form of ownership in accordance with the law, its intended purpose and the type of its use for which a permit was issued.

It is subject to cadastral registration, which entails the assignment of a unique number. The procedure is carried out in application form on the basis of a survey file drawn up based on the results of desk and field work performed.

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

The type of permitted use of a land plot is a parameter that determines possible methods of exploitation of the plot and capital construction projects:

1. within its intended purpose
2. 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 local government body
• 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 that exceed the parameters of the requirements for land development
• 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 main and conditionally permitted VRI, auxiliary types of permitted use apply to objects:

• technologically related to objects that have a basic and conditionally permitted VRI, ensuring their safety in accordance with regulatory and technical documents, including:
• public passages
• public utility facilities (electricity, heat, gas, water supply, water disposal, telephone installation, etc.) necessary for engineering support 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