The permitted use of land plots is determined. Categories and types of permitted land use. Permitted use of land - what is it?

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). VRI 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, sets the limit (maximum and minimum) sizes land plots, features 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 an additional characteristic of the 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 an industrial 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 government bodies, local government bodies, 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 unified register, in accordance with the law on real estate registration No. 218-FZ, which entered 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.

In 2014, the classification of land plots by type of use came into force, which allows you to consider in detail the nuances of the intended purpose used for a particular category of land.

For example, the first section is . Here a list of 18 types of purposes is given, including plots for gardens, vegetable gardens, pastures, construction of warehouses and facilities for processing agricultural products. Each name refers to the intended purpose, and the classifier of types of land use sets a code for the allotment 1.1 - 1.18.

In other category groups there is a different number of the type of permitted use of the land plot. For example, the group “residential developments” fits into a list of 7 types: 2.1-2.7 Land intended for permanent buildings is divided into several groups. Each group is divided into a list consisting of several types.

It should be taken into account that the name of the category and the code of the permitted use of a land plot are two different things. Moreover, grouping ciphers by first numbers does not coincide with the criteria for categories. If the categories of permitted use of land plots provide only a general list of differentiation of plots, then the types determine the list of types of permitted use of land plots, according to which it is permissible to specifically use agricultural lands, settlements and others for their intended purpose, according to the classifier.

Besides this it is necessary to understand the differences between the classification of such land parameters as:

Often, copyright holders misidentify them. In order to highlight the existing differences, detailed information about what is permitted will be provided below.

Differences between the new and old classifier

Until 2014, the designated differentiation was carried out on the basis of the old classification of the purpose of land plots adopted Federal law dated July 22, 2010, under No. 167-FZ. Based on this law, the right to establish the types of intended use of land was vested in local authorities self-government.

Accordingly, there was no single federal standard , and each region established the principles of permitted use of land by separate municipal acts. Administrative information was not included in the unified State Register and was exclusively under the jurisdiction of local authorities. This made it significantly more difficult to maintain control over the land resource.

The introduced new classifier of types of permitted use of land plots has made it possible to use codes that are transferred to the State Register and allow for analysis and monitoring of land masses, in order to manage them as efficiently as possible:

• citizens;
• legal entities;
• municipalities;
• state founders.

If differences are identified due to discrepancies in the interpretation of old and new codes, the new classifier of the permitted use of land plots receives priority.

Type of permitted use of land: classifier

This essential characteristic of the allotment complements the properties of the intended purpose and is divided into the following types of land plots by type of use:

• main type of use of the land plot;
• conditionally permitted;
• additional.

These groups of types of permitted use of land plots provide legal boundaries, within the limits of which the law allows disposal by the copyright holder, in accordance with the intended purpose.

Let's take a closer look at what types of permitted use of land are in the following video:

General structure of the classifier (GSR)

Detailed VRI classifier. Types of land plots

A detailed VRI classifier will open by clicking on the button below. THE TABLE IS VERY BIG!

Show

Additional

These include the nuances of the activities of the rights holder of the land plot, which do not make significant changes to the surrounding context of the development and do not require registration with Rosreestr.

Auxiliary types of permitted use of land plots allow adjustments to be made at the discretion of the owner of the memory, you do not need to apply for special permission for this.

Auxiliary use of land plots should be based on the existing main or conditionally permitted type, and based on its specifics.

For example, if outbuildings are permissible, the copyright holder has the right to build a garage or other structure. And if he is in charge of only the main permit - to arrange a place for parking a car.

How to find out the type of permitted use of a land plot?

Since 2014, types of functional use of land plots are included in, received by the copyright holder after purchasing the site at auction. Before participating in the auction, interested person has the right to obtain this information from the administration.

If the site was or was not privatized, it is assigned the main type of permitted use, on general principles. To obtain a conditional permit to use a land plot, additional registration will be required from the local administration.

When purchasing an allotment, this information can be clarified according to the same principle from the owner alienating the land property. If necessary, contact the land department (department) of the administration.

As practice shows, and the norms of land and town planning legislation are announced, violation of the established type of intended use and the list of permitted uses of land plots leads to legal liability of the copyright holder.

One of these issues is the differentiated designation of the entered codes for the types of permitted land use.

Application of the classifier and its meaning

Every landowner knows for what purposes he can use his land. That is, the intended purpose of the land is determined a priori, before the moment of its acquisition. The use of lands is carried out on the basis of their purpose, but this is not enough.

Apart from the purpose, which defines only the general context, the use of the site, private definitions are visible that limit the land user to a narrower framework.

In order to normalize land use regulations and limit creative freedom, a classifier of types of permitted use was created. Its necessity is dictated by the fact that a general definition of purpose is not enough.

Without strict restrictions, citizens and construction organizations will disrupt the general background of areas with arbitrary developments, and in some cases may violate established sanitary and seismological standards, for example, when erecting buildings in inappropriate places.

Classifier is a standard regulatory use of land. For example, land for individual housing construction requires the construction of a house. But the houses differ significantly from each other. If this is a plot of land in a cottage community, naturally, only a cottage can be built on it.

And if this is a summer cottage plot (see), on which only country houses are provided, then additional permission is required to build a cottage. In order to keep reliable records of the permitted use of land in cadastral records, they are classified in accordance with a special list where options are presented.

Each permission class is identified by a corresponding cipher or code.

And vice versa - each code corresponds to a set of permissions for use.

The main differences between the new and the old

The new classifier was adopted in the previous year and entered into force on December 24, 2014. It is based on the Ministry's resolution economic development RF dated 09/01/2014, the classifier is given as an appendix to the designated document and contains a list of types of permitted use, based on the following qualities of land: name, description and code.

The names are classified according to the similarity of several combined uses. They are given in the list in brackets, as if emphasizing their unity and the possibility of application in the range of general resolution, covering the entire species presented in this paragraph.

For example, item 1 is presented in the classifier, permission to conduct agriculture, in turn, it is divided into 18 subparagraphs. Each of the sub-item names has its own numerical value.

Description is general information about the characteristics of permitted use, in order to avoid interpretations and interpretations, in order to expand the semantic framework. The description provides numerical characteristics of the properties of land plots related to the designated type, as well as notes.

The same paragraph states that on lands of this type it is permitted to erect buildings used for storing and processing agricultural products.

The codes are indicated by a group of numbers that correspond to the differentiated designation of species. Accordingly, with regard to the first point, they defined by numbers 1.1 – 1.18. In total, 12 destinations are identified here, each of which is divided into types of permitted use.

Before this type of classifier came into force, there was a so-called old classifier. The main difference between them is essential, that is, they were controlled by different legal sources. The old classifier was based on locally developed Development and Land Use Rules. The basis for its application is still the principles of zoning of territories.

That is, the land mass under the jurisdiction of a business entity is divided into territorial zones. Each zone provided for limited types of land use located on one land mass (in the zone). Types of use fit appropriately into the purpose, and purpose into the category.

Particular attention was paid to the urban planning context, where, in accordance with the classifier, they were (and are) determined development zones:

1. Residential areas;
2. Shopping centers;
3. Cultural, entertainment and sports complexes;
4. State-protected cultural heritage zones.

Before the introduction of the new classifier, construction was regulated by the municipal department of architecture and urban planning; no buildings could be erected arbitrarily, at the whim of developers or investors.

The new classifier is aimed at strengthening control in this direction, and also provides an advantage in the efficiency of accounting work.

Classifier correlations are currently being produced, and a transition is being made to new forms of accounting and control, in the mode of optimizing the land use and management system.

For landowners and land users, who are ordinary citizens, this transition should not cause any particular inconvenience; work with the needs of the population should be organized in the regions properly, with advice and support upon request.

In addition to the subject content of the types of permitted use that are indicated in the classifier, there are its varieties presented in the list:

1. Basic;
2. Conditionally permitted;

These nuances play a significant role for landowners, since each type of use either creates a strict link to the classifier or leaves it to the owner of the plot, the possibility of a creative approach to its use. Next we will look at some groups.

Main types

They determine the regulations for permitted use in strict accordance with the urban planning context and other requirements for the use of land. Referring to an existing classifier, they will be defined by a full cipher or code.

For example, for the first point - farming, it will be indicated by sub-point numbers from 1 to 18, which will be placed after the point code. The remaining 12 points are similar.

In reality, it will look like the owner of the land plot must strictly comply with the resolutions of the business entity, which are determined for nearby lands. His personal opinion will not play any role in this case; he will not be allowed to carry out work on his own site that is not regulated for the surrounding context.

The owner must fit into the given program without violating it. But you should not worry about this, since the rights of the owner are his inalienable constitutional rights, which provide for a compromise between the two parties.

By themselves they cannot have legal force. They are used as additions to the main or conditionally permitted uses. The need for their use arose when some nuances were needed to complement the permitted use.

Let’s say that on agricultural lands, permitted for pastures and remote from the place of residence, the owner decided to build himself a house. He was unable to obtain permission for this construction, since the lands have flood meadows with unique properties, and changing the main type of use to arbitrary use of this category of land is not permitted according to the regulations.

However, understanding the position of the owner, the municipality has the right to give auxiliary permission for the construction of a seasonal house of a certain size, not intended for permanent residence. This type of permit will not change the regulations for the type of use, but will enhance its effectiveness.

Types of permitted use of land - classifier

The classifier will open by clicking on the button below:

Show

Clarification or how to find out the species?

You can find out the type of permitted use of land by making an extract from the cadastral records and visiting the local cadastre and cartography office in person. You need to have cadastral and civil passports with you. By writing an application to provide this information. If this causes difficulties, you can order by mail, sending an application and notarized copies of passports.

In addition, you can use official website public services , where the cadastre department presents for public use all information of interest to citizens. In order to carry out this search, you need to use search engines by generating a request using the cadastral number of the plot.

If you did not specifically obtain a municipal resolution to change the quality of the permit type to conditionally permitted, then your site most likely has a primary use. That is, for conditionally permitted or auxiliary types permits, you must have special regulations and documents.

If they are missing– you have the main type of permitted use. In addition, this information is available from the local administration.

Ideally, the type of permitted use, as well as other information about the site, must be included in the agreement defining the emergence of ownership rights. Keep in mind that only the owner of the land plot has the right to change the type of permitted use.

Application by intended purpose and type of use

They are completely different. As discussed, the intended purpose of land determines only the general context of use of land masses. In the new classifier they correspond to the main points, of which there are 12.

Types of use split each class of purposes into more detailed, characteristic aggregates and are contained in the classifier within each item as sub-items, of which There are up to 18 maximum.

The intended purpose of the land determines the general direction in the use of the site, but all activities for its reconstruction, use and extraction of corresponding benefits are limited by the permitted use. For reliable accounting and control, a species classifier has been created.

It must be borne in mind that codes, that is, numerical designations of correspondence, apply only in relation to the types of permitted use. This is due to the fact that, in accordance with their multiplicity, the types of permitted use may lose the clarity regulated in their relation.

Codes, or numerical designations, make it possible to operate with them quite effectively, creating a land use structure in accordance with zoning, urban planning regulations and local acts regulating the use of land masses. In accordance with the codes, the types of permitted uses are applied without error.

1. They have no legal basis;
2. There is no practical need for them;
3. They are given as a list, but do not require a mandatory sequence;
4. It is advisable to use them as names.

That is, digital codification applies exclusively to types of permitted use due to the need to group them, as well as due to their large number and to avoid confusion.

Conclusion

To an amateur, much in this system seems not entirely clear. But specialists who systematically record lands according to their categories, intended purpose and permitted use understand how important such definitions are.

The creation of many nomenclature acts of federal, municipal and local significance, as well as the introduction of a new classifier of types of permitted use, was dictated not by idle interest, but by the urgent conditions for the development of social, economic and legal institutions of land use.

Determining the type of permitted use of a land plot is an important legal point that allows you to determine what type of buildings can be built in one territory or another.

This issue is regulated by:

• Ministry of Economic Development,
• Rules of land use and development (LZZ).

On the purchased site You can't build whatever you want, since, for example, it is impossible to engage in agriculture on land intended for the construction of retail facilities.

This is contrary to legal regulations and for such amateur activities you can get a fine under Part 1 of Art. 8.8 Code of Administrative Offenses of the Russian Federation.

According to this article, if it has already been determined cadastral value land plot, civilians are required to pay up to 1% of the total amount, but it should not be less than 10,000 rubles.

For legal entities the fine is greater, it ranges from 0.5 to 2%.

If the cadastral value of the land has not yet been determined, then the first category of persons must pay a fine in the amount from 10,000 to 20,000 rubles, and the second one is already from 100,000 to 200,000 rubles.

The issue is very serious, so you can't ignore it.

Determination methods

The determination of VRI is made in the same ways as for land.

So, how to determine the type of permitted use of a land plot? Where can I go?

According to the extract from the Unified State Register of Real Estate

Until January 1, 2017, cadastral passports were in effect in Russia, in which all information about an apartment or land plot was entered.

Then passports were abolished and collected by EGRN - the Unified State Register of Real Estate, combining in it rights information on ownership and technical information regarding the land plot.

Receipt extracts from the Register- the easiest way to determine what type of permitted use of a land plot is currently assigned to it.

This can be done two ways:

• contact the cadastral chamber or MFC;
• fill out a special form on the Rosreestr website.

On The statement will indicate: cadastral number and cadastral quarter number, and below are the lines:

• "type of permitted use".

If it is planned to build on such a site apartment building, then such activity without changing the VRI will be illegal. To change the type of permitted use, you also need to contact the cadastral chamber.

The statement has no expiration date, but you definitely need to get a new one if there have been any changes in the information about the site, for example, the owner has changed, the VRI has changed, etc.

In the cadastral chamber

Anyone interested can obtain information about a plot of land if they wish by paying the necessary state fee.

This type of information can be obtained by any person, even who is not the owner of the site.

But only the owner of the land plot can obtain documents establishing the right to own a plot, or copies thereof.

To receive an extract you need to have with you:

• passport;
• power of attorney obtained from a notary;
• receipt for payment of state duty.

For legal entities A certificate of directorship will also be required.

The completed statement can be picked up in approximately 5 days, if you contact the MFC, this period will increase by 2-4 days. You can pick up the document either in paper or electronic form.

To an individual will have to give:

• 150 rub. for the electronic version of the statement;
• 400 rub. for a printed document.

For legal entities the cost will be 300 rubles. for electronic and 1200 rub. for a paper cadastral extract.

In addition to personal appeal, There is another option to send a letter, preferably customized and tracked.

The envelope must contain an application drawn up in accordance with the appendices to the order of the Ministry of Economic Development (the drawing up diagram can be viewed), as well as a receipt for payment of the state duty.

The letter must be sent to the address of the cadastral chamber, which is located in the same city or village where the land plot is located.

On the Rosreestr website

In the age of developed technologies, the need to go through authorities is gradually disappearing, this also applies to issues of obtaining an extract.

It's very easy to get it for this you need:

• go to the Rosreestr website,
• select the “Individuals” tab,
• find the green table on the right with the name “Electronic Services”,
• Click on the line “Receiving USRN information”.
• After this, you can begin filling out the request form.

If you receive an extract on the website Rosreestr, then for the paper version individuals you'll have to pay 250 rubles, an electronic statement costs the same.

Legal entities will give 1100 and 700 rubles for paper and electronic versions, respectively.

If a detailed cadastral extract is not required, but is needed general information about the site, you can follow the link and fill out the form.

For a more successful result, it is advisable to know the cadastral number of the land plot; you can also enter a conditional or previously assigned number, but this is usually not required.

Below are lines for entering the address, as well as several lines regarding rights and restrictions.

To determine the VRI, you need to pay attention to the line “Permitted use”.

Obtaining information from a cadastral map

A cadastral map is the most visual option for determining the type of permitted use of land plots, where you can view information without even knowing the exact plot number. To implement this method, you need to follow the link, click on the magnifying glass icon and enter the cadastral number of the plot.

In addition to the VRI, the cadastral number also helps to determine which plot belongs to. After this it will appear table with all necessary information by area. The method is also convenient because you can immediately find your site on the map; it will be highlighted in yellow.

Make sure that the word "Plots" is written next to the search bar, otherwise the search will not be correct.

Video instructions

The video demonstrates the search for a site using a cadastral map:

By classifier

Let's consider a specific situation: a person has acquired a plot of land and is going to use it for its intended purpose, for example, for agriculture. How to find out the type of permitted use of a land plot in advance?

In order to find out what exactly he has the right to build in a given area, first of all, it is necessary to determine which zone the territory belongs to, since separate regulations may be prescribed for each zone.

In order for a person to engage in agriculture on his plot, the land plot must belong to the category of zones for agricultural use.

Territorial zoning can be clearly seen on public cadastral maps, which are compiled as for individual subjects the Russian Federation and for the whole country.

Once the zone to which the land belongs has been determined, you can begin to determine the VRI itself.

From November 3, 2015, changes were made to the process of determining the type of permitted use of a land plot.

Based on them, it was compiled new Classifier, allowing you to reliably find out exactly what type of VRI the site has and what can be built on its territory.

You can view the order of the Ministry of Economic Development on this website.

Important! The classifier can be used only for the main types of permitted use of a land plot; the rest are regulated by local city regulations.

If you look closely at the document, you can see that each zone has its own section, to which a number is assigned.

For example:

• areas for agricultural use are marked with number 1,
• residential buildings - 2,
• territories for the construction of public facilities - 3, etc.

Each section is divided into subsections, which are also assigned a number, which is written after the main number of the territorial zone, separated by a dot.

Considering the situation with a plot for agricultural needs, it should be noted that a person must determine what exactly he will do on this territory and then inform the Cadastral Chamber about this so that the data is entered into the Unified State Register of Real Estate.

If a person decides to raise pigs, then his VRI code will be 1.11, if it is planned to grow crops on the territory, then the numerical designation will be 1.2, etc.

To maximize coverage of all possible activities carried out on the site, the authors of the Classifier made it fragmented, dividing each territorial category into many subsections.

Thanks to this we can confirm:

• the opportunity to sell, buy or donate a plot,
• establish the amount of land tax and possible benefits,
• determine the size of the territory used, etc.

Each subsection of the classifier specifies in detail what can be built on the site.

• water parks,
• discos,
• clubs and other establishments,

can be built:

• hotels,
• cafe,
• restaurants.

According to paragraph 4 of Art. 37 Town Planning Code RF the owner of the site has the right to independently choose the VRI, without applying for special permits and other documents. But this rule does not apply to government and self-government bodies, as well as government agencies and enterprises.

Possible problems

The classifier, despite its detail and elaboration, cannot cover all possible ways use of land plots.

But, since the Classifier works only for basic VRI, that is, it makes sense to refer to the Land Use and Development Rules established in the area where the land plot is located.

It is quite possible that the construction of a residential building on agricultural land will be classified as conditionally permitted VRI.

In order for the land to be fully used in this case, it is necessary contact the PZZ commission and write an application to change the type of permitted use. After the hearing, the owner will receive a building permit.

If the site initially had a conditionally permitted VRI, then the owner a decision will come indicating that you need to submit an application regarding permission to use. This is another way to determine what kind of VRI a territory has: basic or conditionally permitted.

Useful video

For more information about the types of permitted use of land plots, see this video:

Summing up

The most reliable way determine the type of permitted use of the site - obtain an extract from the cadastral chamber or online on the Rosreestr website.

The document contains all information about the site, including the category of land and VRI.

In order to better understand exactly how the land can be used, you need to contact the Classifier by finding your category of territorial areas.

If any discrepancies occur VRI and the owner’s construction ideas need to write a statement and change the type of permitted use to the desired one.