Changing the type of permitted use of a land plot and obtaining permission

For each formed plot of land, a certain category and type of permitted use is established. These parameters determine the qualitative characteristics of a certain territory, and transferring a site to another type of permitted use is possible only in compliance with a strict procedure.

Legislation of the Russian Federation

The concept of categories of land and type of permitted use is contained in the Land Code of the Russian Federation, as well as general requirements for the target characteristics of various sites.

The permitted type of use allows for a strictly defined list of activities to be carried out on the allocated plot of land.

For example, for agricultural land these areas of activity include:

• agricultural production - vegetable growing, plant growing, livestock farming, etc.;
• agricultural processing of products;
• extraction of water resources from natural and artificial reservoirs;
• other related areas of activity.

If there are such restrictions, a permit on agricultural land is required for any type of construction; a similar procedure applies on land of other categories .

The Land Code of the Russian Federation allows you to change the categories and target type of land by contacting the local government authority that manages the relevant land fund.

In addition, the norms of the Town Planning Code of the Russian Federation are also applied, providing for the development and approval in each municipality of Land Use and Territory Development Rules.

Types of land categories

The composition of lands on the territory of the country, and their classification into categories, are determined by Article 7 of the Land Code of the Russian Federation.

The following categories of land are divided into separate groups:

• agricultural purposes;
• settlements;
• industrial or special purpose;
• forest or water resources;
• stock.

For each of these categories, the legislation provides for different types of permitted use.

If you receive permission to transfer land to another category, the types of permitted use of the plot will automatically change.

There is no reverse transformation; a change in the type of permitted use does not entail a change in category.

Types of permitted land use

Each category of land contains different types of permitted use, which determine the practical use of land plots for various types of activities.

Changing the type of permitted use of land is much easier, since any possible changes will occur only within the declared category.

Let us give examples of various options for permissible land use within individual basic categories.

For example, as part of the lands of populated areas, these types will include:

• areas for development;
• plots for running private household plots;
• plots for individual construction of residential buildings.

If you change one of the specified types of land use within one category, the land for private household plots can be used for development.

Changing the type of intended use of land is carried out at the level of local authorities.

The procedure for actions aimed at changing this type must comply with the Land Use Rules, and in their absence, it is accompanied by an appeal to the head of local government for public hearings.

Private land is allowed to be used not only for its main purpose, but also for the construction of buildings and structures. At the same time, construction work must comply with the rules and regulations set forth in regulations.

Where and how to obtain permission to change the use of land

How does the type of permitted use change??

The right to change the category of land belongs only to the legal owner of the specified property - owner, user, tenant, etc.

When applying to change the type, you will have to confirm the legality of land ownership by submitting the relevant documents.

To change the type of use, you must follow the following algorithm:

• obtain title documents confirming the legality of ownership of the plot;
• fill out an application form addressed to the head of the local government authority (the application is submitted at the location of the land plot);
• attach the documents provided for by the regulations for the implementation of this procedure;
• initial verification of submitted documents and scheduling public hearings on the territory of the Moscow Region (in some cases, hearings are not required);
• holding public hearings and recording their results in the minutes;
• final verification of documents and adoption of a resolution by local authorities, taking into account the results of public hearings;
• approval of a resolution to change the type of use of the site;
• application of the copyright holder to the Rosreestr institution to make changes to the state register of the Unified State Register of Real Estate.

If it is necessary to change the type of use of land located within a populated area, hearings will not be necessary only if the new type is housing construction.

Exception for changing the type of intended use

If there is a restriction on the type of use on the site, the copyright holder’s appeal will not produce results. You can find out about the presence of restrictions from the content of title documents or from the information in the Unified State Register of Real Estate.

Information is entered into the Unified State Register of Real Estate for each plot registered in the cadastral register, so an extract from the state register will allow you to reliably clarify this information.

It is also extremely difficult to change the type of permitted activity on agricultural land

The law does not prohibit such a combination of species within the same category.

Required package of documents

Permission to change the type of use is issued after checking the documents submitted by the copyright holder.

The documentation includes:

• an application addressed to the head of the local government;
• the applicant's general passport;
• title forms for the land plot (certificate of title, extract from the Unified State Register of Real Estate, lease agreement, etc.);
• layout of the land plot (must reflect not only the location of the plot on the ground, but also its connection to the boundaries of adjacent plots);
• an extract from the state register of the Unified State Register of Real Estate, containing the parameters of the land plot;
• documents for buildings and structures located within the boundaries of the allotment;
• plan-project of the territory within which the object is located (the plan must be approved by local authorities).

A refusal to change the type of use may occur even due to an incomplete set of documents, so it is advisable to carry out this procedure with the assistance of an experienced lawyer.

How to write a statement correctly

The legal basis for changing the type of use of the plot will be an application addressed to the head of the local government.

The following points should be included in the content of this document:

• name of the body to which the application to change the specified characteristics of the allotment is submitted;
• information about the copyright holder;
• information about the grounds for the legality of ownership of plots (for example, an administrative act of local authorities);
• grounds allowing to establish rights to the site and change the type of use;
• cadastral number of the plot;
• request for a procedure for changing the type of use.

This statement is signed by the copyright holder or his representative by proxy.

Contents of the declaration for the site

Until December 2016, in order to register plots and real estate objects, the copyright holder could independently fill out a declaration for the object and submit it to the Rosreestr institution.

After the adoption of Federal Law No. 218-FZ , registration of declarations is not allowed; instead of the specified document, it is necessary to contact the cadastral engineer and prepare a boundary plan for the land plot.

What are the processing times and costs?

The total period for consideration of the application and submitted documents does not exceed two months (60 days). This period also includes the deadline for scheduling and holding public hearings with the participation of residents of the municipality.

In practice, the total period for reviewing documents is significantly reduced if land is transferred for housing construction purposes.

As a rule, changing the type of land use is carried out free of charge, i.e. the copyright holder does not have to pay for the service of reviewing the application.

Services for changing the category of land are most often ordered by large investors for residential construction in the Moscow region, and the cost of services varies depending on the value of the building density indicator.

However, additional costs will be required when preparing a technical plan and registering changes with the Rosreestr institution.

A separate state fee will be required to obtain an extract from the Unified State Register of Real Estate at the stage of preparation for submitting an application to the authorized municipal body.