How to change the type of permitted use of a plot of land?

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Published: 11/02/2017

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Land plots owned by citizens must be exploited in strict accordance with the category of land and the type of permitted use (AUR) of the site, otherwise penalties and seizure of land are possible. Changing the type of land use occurs by contacting the local administration.

• The concept and need to change the VRI of land plots
• How to change the type of permitted use?
• Required documents
• Procedure
• Possible costs
• Conclusion

The concept and need to change the VRI of land plots

The type of permitted land use is a list of activities that can be carried out on a site in accordance with its category of land. Each category of land corresponds to several types of permitted use, a complete list of which is given in Order of the Ministry of Economic Development No. 540.

Changing the VRI of a plot occurs without changing the category of land and is regulated by the following laws:

• Land Code of the Russian Federation;
• Town Planning Code of the Russian Federation.

Art. 39 of the Town Planning Code determines the rules for changing the VRI of a site located on the territory of populated areas, and the procedure for changing the type of land use of agricultural plots is determined by the laws of the constituent entities of the federation and municipalities.

Land users change the VRI in the following cases:

• Upon receipt of a building permit;
• If necessary, change the type of activity on the site;
• When renting out land.

On plots intended for gardening or field farming, permanent residential buildings cannot be built, and changing the VRI for such lands will help obtain permission for their development.

Owners of agricultural plots must also change the type of permitted land use depending on the planned activity or the needs of the tenant.

Changing the type of permitted use (AUR)

In 2015, the Ministry of Economic Development released a classifier of types of permitted use of land plots, which will help you in your work.

How to find out the type of permitted use by cadastral number

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 type of permitted use faster, I recommend ordering extracts directly through the Rosreestr API - this way you will receive the document within a day. The cost is the same - 350 rubles, the official data is from the Unified State Register of Rosreestr and is confirmed by the registrar’s electronic digital signature (EDS).

Extract from the Unified State Register of Real Estate, which I recently ordered through the Rosreestr API

To what type of permitted use can an existing one be changed?

Changing one VRI to another is carried out in accordance with urban planning regulations, that is, the change is permitted if the Development and Land Use Rules (DRU) of the municipality to which the given land plot belongs, planned for the establishment of VRI, are provided for.

To understand what type of permitted use of a land plot an existing one can be changed to, you need to refer to the PZZ. Using the example of a site for individual housing construction, the procedure will be as follows:

1. We open the section of town planning regulations;
2. We find the item “For individual housing construction (Zh-4)”;
3. We receive a list of types of permitted use of land plots that are possible in a given territory.

For example, in Moscow there are about 40 types of permitted use of land plots for individual housing construction: hotels, restaurants, shops, banks, schools, fitness centers, pharmacies, etc.

Now let's look at each possible case separately.

How to change the type of permitted use for individual housing construction to commercial

Before you start making changes, you need to answer three questions:

1. is it possible to obtain a transfer legally;
2. how much money will it require;
3. and is it really necessary?

If action is appropriate, we begin.

In accordance with the Land (Article 1, 7) and Town Planning Code of the Russian Federation (Article 37), you can choose any of the provided types of permitted use for the land plot and the building located on it, independently and without additional permits and approvals. From Article 37 of the Town Planning Code of the Russian Federation it follows that if the technical conditions are met, it is possible to change the type of permitted use from one to another.

That is, without holding a public hearing, only the primary and secondary permitted uses can be changed. To do this, the owner of the land plot needs to apply to Rosreestr and provide:

1. Application of the established form (issued by Rosreestr);
2. A copy of the Land Use and Development Rules indicating the possible type of permitted use for a given territory (where I wrote above);
3. Declaration of the selected type of permitted use of the land plot in the form as specified in the Land Use and Development Rules.

How to change the type of permitted use for private household plots and SNT to individual housing construction

If the plot is located on the lands of settlements, then the transfer of the plot from private household plots or SNT to individual housing construction is carried out free of charge upon the application of the owner in RosReestr (MFC). If the site is located on agricultural land, then proceed to the point below.

In case of refusal to change the VRI from vegetable gardening or horticulture to individual housing construction, you will have to be content with conditionally permitted types (for example, “Gardening”), build a house and register it under the dacha amnesty.

Please note that you can change the type of permitted use of a land plot only after transferring it from lease to ownership.

How to change the type of permitted use from individual housing construction to multi-apartment

I will try to answer in general terms, because... the procedure for changing the permitted type of use of land plots and capital construction projects is regulated by the Law of Law of the relevant municipal entity.

So, if the legal holder of a land plot and (or) a capital construction project (in your case, the owners) intends to change the main type of permitted use to a conditionally permitted type of use, the procedure for granting permission for a conditionally permitted type of use of a land plot or capital construction project is applied. To do this, you need to send a corresponding application to the commission on urban planning and land relations. The list of documents that must be attached to the application is determined by the paragraphs of the relevant rules - your subject.

The following documents are needed:

1. title documents for a land plot or a decision of an authorized state authority or local government body on preliminary approval of the location of the facility;
2. title documents for capital construction projects located on a land plot (agreements, certificates of state registration of rights, other acts on rights to real estate, issued before the entry into force of the Federal Law “On State Registration of Rights to Real Estate and Transactions with It” (if any );
3. cadastral plan (passport) of the land plot;
4. a copy of the topographic plan of the city of Tyumen on a scale of 1:2000 with the boundaries of the land plot on paper (copy);
5. plan of the boundaries of the land plot with coordinates of characteristic points;
6. sanitary and epidemiological conclusion;
7. information about the applicant: for individuals - an identification document of the applicant; for individuals registered as individual entrepreneurs - a certificate of state registration of an individual as an individual entrepreneur; for legal entities - certificate of state registration of a legal entity"

Next, discussion is initiated at public hearings (in which neighbors primarily participate). Within 15 days from the date of the public hearing, a conclusion on the results of the public hearing is prepared.

Based on this conclusion, the commission sends recommendations to the head of administration of your municipality. After which the administration makes a decision to issue a permit or to refuse to grant a permit for the conditionally permitted type of use. Or, if these instructions do not help you, then you have the right to go to court with a corresponding application.

Is it possible to register an individual residential building on a plot of land for integrated housing construction (KZhS)

KZhS is a comprehensive development of territory for the purpose of housing construction. It is possible to register a residential building on a leased land plot with RVI KZhS only in compliance with the requirements of land and urban planning legislation in the form of comprehensive development, subject to the implementation of all obligations of the original developer, including the preparation of documentation for the planning of the territory and the implementation of work on the development of the territory through the construction of engineering infrastructure facilities . Land plots formed as a result of the division of a land plot (mass) previously provided to the developer for integrated development have the same type of permitted use - integrated development for the purpose of housing construction. This means that individual housing development of such sites by citizens is unacceptable.

If your land plot is located within an area where the territory planning project has been approved, and also, according to the rules of land use and development of your urban district, it is located in the territorial zone of housing construction that provides for RVI individual housing construction, then the option of changing the RVI from KZhS to individual housing construction is possible with the consent of the owner plot i.e. administration by submitting an appropriate application to the MFC.

How to change the type of permitted use for agricultural land

For example, you want to buy an agricultural plot of land with a VRI - for agricultural production, and then change the VRI to gardening or summer cottage construction, organize an SNT and cut the plot into smaller plots for members of the partnership. Is it possible to change the VRI of such a plot of land?

According to the provisions of paragraph 1 of Art. 78 of the Land Code of the Russian Federation - agricultural lands can be used for agricultural production, the creation of protective forest plantations, research, educational and other purposes related to agricultural production, as well as for the purposes of aquaculture (fish farming), hereinafter in the text of this article - peasant (farmer) ) farms for the implementation of their activities, CITIZENS running personal subsidiary plots, gardening, livestock farming, vegetable gardening, business partnerships and societies, production cooperatives, state and municipal unitary enterprises, other commercial organizations, NON-PROFIT organizations, including consumer cooperatives, religious organizations.

In paragraph 4 of Art. 37 of the Town Planning Code of the Russian Federation stipulates that the main and auxiliary types of permitted use of land plots and capital construction projects by the legal holders of land plots and capital construction projects are chosen independently without additional permits or approval.

Thus, it is possible to change the VRI of a land plot with the intended purpose of agricultural storage, however, without knowing all aspects of your situation, unfortunately I cannot give you the exact procedure. I will only say that after purchasing such a plot of land, in order to implement your idea, it will be necessary to prepare a master plan for your SNT, and then carry out land surveying and organize passages.

How to change the type of permitted use of a land plot for rent

Changing the VRI of a leased land plot is a rather problematic procedure because in legal relations, both the tenant and the owner of the land plot act in shifts. The fact is that the lease agreement may prohibit changing the VRI, or, for example, when you apply for a plot of land for rent, you write the purpose of your lease, but the VRI itself may not coincide with it.

To change the type of permitted use of a leased land plot, you have the right to contact the owner of the plot with a proposal to change the VRI without first purchasing the property. If the owner, and as a rule this is the Administration on the territory of which the land plot is located, does not object, then you will be notified of the decision in writing.

With the appropriate notification, please contact the district commission for changing the types of permitted use of land plots. If, according to the PZZ of your settlement, this site falls under the conditional zone for changing the type of permitted use, then the VRI will be changed for you.

Please note that changing the VRI will change the cost of rent, which is not always beneficial to the owner of the land plot, and without his consent this is impossible.

It should be taken into account that in accordance with Federal Law N 112-FZ “On Personal Subsidiary Farming”, the maximum size of private plots is established at 0.5 hectares, while no minimum sizes are provided. However, taking into account current practice, the transfer of a plot of land with an area of, for example, 4.5 from a vegetable garden to private household plots. hundred - unlikely, because The size of a plot of less than 10 acres does not allow full-scale personal farming.

How to change the type of permitted use?

The VRI of a land plot can be changed by a special commission formed under the local executive authority under whose jurisdiction the given plot is located. The commission considers the issue based on the application and makes a decision:

• Based on the results of public hearings;
• No hearings.

Public hearings are scheduled if there are interested parties in the form of neighboring land users, whose legitimate interests may be affected when changing the type of permitted land use of the applicant’s site.

Decision-making without public hearings is made only in the absence of private individuals among neighboring land users, when the VRI of a site on state lands changes.

The following categories of land users can submit an application to local authorities :

• Owners;
• Tenants;
• Holders of the right of perpetual use or inheritable ownership.

If an application to change the VRI is submitted by the tenant, he needs the consent of the owner in writing.

Cadastral value of land

The cadastral value is understood as the value established as a result of a state cadastral valuation or as a result of consideration of disputes about the result of determining the cadastral value. The cadastral value is determined in relation to both newly registered real estate objects and in relation to previously registered real estate objects if there has been a change in their quantitative or qualitative characteristics (Article 3 of the Federal Law of July 29, 1998 No. 135-FZ “On Valuation Activities in the Russian Federation” , hereinafter referred to as Law No. 135-FZ).

In other words, the cadastral value of land plots is determined in the following cases:

• formation of a new land plot;
• changes in the area of ​​the land plot;
• changes in the type of permitted use of the land plot;
• transfer of a land plot from one category to another or assignment of a land plot to a certain category of land;
• inclusion in the state real estate cadastre of information about a previously unrecorded land plot.

The cadastral value of a land plot can be changed by decision of a special commission or by a court decision.

Required documents

To change the VRI of a land plot, you will need the following documents:

• Application to the local executive authority;
• Cadastral document;
• Situational site plan;
• Extract about the owner of property rights;
• Owner's consent (for tenants);
• Copy of the passport.

If the land user submits an application through a representative, a notarized power of attorney will be required. An extract about the owner can be ordered from the Rosreestr department or the MFC. The situation plan is provided by the land committee of the local administration free of charge or prepared by surveying firms on a commercial basis.

Legal entities need to additionally prepare:

• Extract from the Unified State Register of Legal Entities;
• Registration document;
• TIN.

If the land is leased from a municipal owner, then a separate consent is not required; it will be obtained during the consideration of the application.

Procedure

In general, changing the permitted use of land is carried out in the following order:

1. The land user collects the necessary documents and submits an application to the head of the executive branch;
2. If the application is drawn up correctly, the town planning and land committees form a commission;
3. The Commission sends notices of upcoming hearings to land users whose plots are located in the same zoning area as the applicant's plot;
4. Public hearings are held;
5. Based on the results of the hearings, the commission makes a decision;
6. If the decision is positive, an act on changing the VRI of the declared site is drawn up;
7. Based on the act, changes are made to the Unified State Register.

A sample application text can be downloaded from this link. The application must include the following information:

• Full name and contact information of the land user;
• Category of land and address landmarks of the site;
• Current and requested VRI;
• Reason for changing land use;
• List of attached documents.

The maximum period between the distribution of notices of hearings through the media or mail and the commission’s adoption of a decision is established by local legislation, but cannot exceed 30 days (Clause 7, Article 39 of the Urban Planning Code).

During public hearings, the applicant speaks, arguing for the need to change the VRI, and interested parties express their opinions on the consequences of changing land use to members of the commission.

Dissenting opinions and objections must be submitted to the commission members in writing.

When making a decision, the commission is guided by the following factors:

• The feasibility of changing the VRI;
• Consequences of changes in VRI for the environment;
• Legal and economic consequences for neighboring land users.

For example, if the owner of a gardening plot wants to change the VRI to build a house, the commission may reject the application due to the threat of shading of the neighboring cultivated plot.

If the commission decides to change the type of land use of the site, a copy of the decision is sent to all participants in the hearing. 10 days after the decision is made, an act on changing the VRI is drawn up, a copy of which is issued to the applicant. The applicant must contact Rosreestr to register changes in the cadastral register, attaching the following papers to a copy of the act:

• A copy of your passport;
• Receipt for payment of state duty;
• Application for amendments;
• Cadastral passport for the plot.

The new type of permitted land use will be displayed on the cadastral map of the area within 7-10 days from the date of application to Rosreestr.

If the applicant does not agree with the decision of the commission, he can challenge this decision in court (clause 12 of article 39 of the Civil Code of the Russian Federation).

Change in the cadastral value of a land plot

In general, changes in the cadastral value of a land plot during a tax period are not taken into account when determining the tax base in this and previous tax periods (clause 1 of Article 391 of the Tax Code of the Russian Federation).

That is, you need to pay tax from the new tax base only from the next tax period.

There are two exceptions:

• correction of a technical error made by Rosreestr when maintaining the state real estate cadastre;
• change in the cadastral (register) value of an object based on a decision of the commission for resolving disputes on the results of determining the cadastral value or by a court decision.

Such changes entail a recalculation of the tax calculated based on the cadastral value.

Possible costs

Registration of a change in the type of land use of a site may include the following costs:

• State duty – 350 rubles;
• Ordering a cadastral extract from the MFC – 300 rubles;
• Preparation of a situation plan – 1500-3000 rubles;
• Organization of public hearings – 3000-10000 rubles.

All costs associated with the hearings must be covered by the land user who submitted the application to change the VRI (Clause 10, Article 39 of the Civil Code of the Russian Federation). It is necessary to pay for the distribution of notices, registration of participants in the hearing and rental of the venue. Depending on the number of participants and the region where the event is held, the cost may vary greatly.

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