Individual housing construction involves the construction of permanent buildings on land and their use exclusively for the residence of members of one family.
If you want to use the site for business purposes, you will need to change its type of permitted use.
Exploitation of an allotment other than for its intended purpose is a violation of land laws .
For what types of activities is it necessary to change the VRI?
The most suitable for construction activities within the boundaries of populated areas VRI “For individual housing construction” cannot be used to make a profit. At the same time, the size of the plot may allow the placement of not only a residential building, but also a commercial facility.
Shop
Depending on the size of the future retail facility, two scenarios are possible:
- Dividing the individual housing construction site into two parts, one of which receives the VRI “Entrepreneurship” subsection “Shops”.
- Transfer of the entire plot for entrepreneurial use.
The newly assigned type of use allows the construction of retail facilities with an area of up to 5000 m2 .
Hotel
Construction of a hotel on the lands of populated areas requires obtaining a permit for construction work .
VRI "Individual Housing Construction" at the selected construction site will be the reason for refusal to issue the required document.
As in the previous case, you can change the VRI for part of the land mass for individual housing construction or assign a commercial purpose to the entire plot.
According to the current classifier, the possibility of changing the VRI of the site to another corresponding to code 4.7 “Hotel services” .
Car wash
Regardless of what type of washing unit you are going to install - a permanent one, or a modular, prefabricated one, you cannot do without changing the VRI section. It will be very difficult to prove to the controlling structures that the use of the constructed facility is intended exclusively for their own needs.
Assignment of permitted use 4.9 “Vehicle Maintenance” will allow placing on the ground not only car washes, but also other related facilities:
- Garage and parking lot.
- Gas station.
- Tire service and auto parts store.
Shopping and entertainment center
The plot for individual housing construction has limited dimensions, so it will not be possible to place a full-fledged shopping and entertainment complex on it. The minimum requirements for such a facility are a building area of 5000 m2 .
In addition, it will be necessary to provide a garage or parking for cars of the center's employees and its visitors. If all this can be arranged on your site, begin the procedure of changing the VRI of the land to code 4.2 “Shopping centers”.
Other objects
, the following commercial facilities can be built on the lands of settlements :
- Offices of production, trade, banking structures - subsection 4.1 of the Classifier.
- Markets, weekend fairs, trading platforms - code 4.3.
- Cafes and restaurants, snack bars and canteens – code 4.6.
- Children's attractions - code 4.8.
Before starting the procedure for changing the VRI, evaluate the size of the site for compliance with the planned purposes .
The lack of land to organize minimal services for a commercial facility can negatively affect its profitability.
Land categories
The law has a clear distinction between categories of land, and they can only be used for their intended purpose, among them:
- For agricultural purposes.
- Lands of settlements or individual housing construction, only on them can the construction of residential buildings, including private ones, be carried out.
- Lands for objects of high importance, especially protected.
- Forest and water areas.
- Reserve lands - these are owned by the state and can be used for various needs. But only on condition that they are transferred to another status.
- Lands for special purposes - strategic objects are located on them, such as television and radio broadcasting, security, defense. Space, communications, transport, industry and others.
Possibility and conditions of transfer
The issue of transferring land from individual housing construction to a commercial purpose of use is regulated by Article 37 of the Civil Code of the Russian Federation, Order of the Ministry of Economic Development of the Russian Federation No. 540, as well as regulations of municipalities.
The legal status of a land plot is determined according to its belonging to any category in accordance with the zoning of the territory. Since the district's environmental protection zone and urban planning plans are developed and approved by local government bodies (settlement administrations), it is there that you need to find out about the possibility of changing the purpose of the land.
The Town Planning Code of the Russian Federation guarantees the opportunity for each citizen to independently choose the land plot , but it must be taken into account that in some cases public hearings will be required.
According to current legislation, the same plot of land can have a main type of use, as well as conditionally permitted and auxiliary use. If your property, in addition to the main VRI “Individual Housing Construction”, has business purposes provided for by law, then changing the permitted use of the land is greatly simplified.
Land category
According to the current legislation, all lands on the territory of the Russian Federation are divided into categories based on their intended purpose.
Different categories of plots have different legal regimes. Misuse of land plots is prohibited.
In particular, there are lands of forest and water resources that cannot be used for growing agricultural products. To do this, it would be necessary to cut down forests or drain water bodies, which would lead to noticeable disruption of the ecological situation and harm to the environment.
Procedure
If there is a residential building on the individual housing construction site, in which further residence is not planned, first of all it is necessary to transfer the building to the non-residential category .
In the case where it is planned to divide the plot, as well as maintain the status of a residential premises for the house, land surveying is carried out with the cadastral registration of the resulting parts. Here it should be taken into account that minimum size requirements are imposed on individual housing construction plots.
Read more in the feature article.
When changing to an auxiliary view
If the territory's land plot and technical regulations do not prohibit the assignment of land ownership to a commercial purpose of use, then a declaration is drawn up notifying the Cadastral Chamber of the intention to use the site for new purposes .
An annex to the declaration will be a land survey plan. A copy of the PZZ is sent to the department by the settlement administration when interdepartmental interaction is carried out.
For a conditionally permitted commercial purpose
The structure responsible for receiving applications and making decisions on permission to change the purpose of land use to a conditionally permitted type within the boundaries of a settlement is the settlement administration .
Owners of plots, as well as tenants, have the right to submit a petition to change the VRI of land, provided they have used the plot for more than 5 years . Tenants are required to provide written consent from the land owner.
The head of the administration appoints public hearings, in which all owners of neighboring land plots can take part. During the discussion of proposed changes, people's opinions are clarified and their objections are heard.
As practice shows, most often disagreement is expressed when planning to place on the ground objects that have a negative impact on nature - a car wash, a repair shop, as well as buildings that involve a large gathering of people, due to a possible violation of public order.
The positive decision of the head of administration to change the VRI of the land is sent to the Cadastral Chamber, which records the change in the status of the plot in the State Cadastre .
Legal status of land plots
Individual housing construction is a type of permitted use of land plots, which is associated with their use for the purpose of constructing individual residential real estate properties - houses for permanent residence of citizens.
Construction work is carried out at the expense of the personal funds of the owners of such plots.
Land for individual housing construction is allocated only to citizens on the right of ownership or under a long-term lease agreement.
In areas with this type of permitted use, the construction of capital objects of no more than three floors and no higher than 20 meters is allowed.
A plot of land for individuals can be provided both within the city limits and from the territorial zones of garden or dacha partnerships. However, the legal status of these categories of land plots is different.
SNT stands for garden non-profit partnership; it is an association of citizens for gardening, growing vegetables, etc.
The difference between individual housing construction lands and plots in SNT lies in the assignment of plots allocated to individuals.
Reasons for refusal
The refusal to satisfy the request may be appealed in court. But before filing an application with the court, make sure that the refusal was not a consequence of:
- Improper execution of the application.
- Incomplete package of required documents.
- Lack of rights to initiate an administrative procedure.
All these shortcomings can be easily eliminated, after which the application can be resubmitted .
Cost of transferring land from individual housing construction to commercial
To transfer land territory from individual housing construction to commercial, it is necessary to pay a certain cadastral value. Each region has its own price. It all depends on the local authorities. That is, as a calculation, the coefficient of a certain region is taken, which is multiplied by the number of acres and by the total amount per one hundred square meters.
We invite you to familiarize yourself with the Encumbrance on the apartment owners
The final deadline for changing the intended purpose of the land territory is 30 days after submitting the application and all necessary documents. This can also be done through the electronic services portal.
If you have questions, consult a lawyer
You can ask your question in the form below, in the online consultant window at the bottom right of the screen, or call the numbers (24 hours a day, 7 days a week):
In terms of time, the procedure for transferring land from one type of VRI to another is quite lengthy and can take from several months (at the level of local authorities) to several years (when the status of a land plot of federal significance changes).
But we can say for sure that the applicant will have to pay:
- services of a cadastral authority employee and a regional architect;
- publication of an announcement about the hearing in a local newspaper and information about its results;
- land service services;
- cost of state fees.
So, transferring a land plot from individual housing construction to a commercial form is a rather lengthy and complex procedure. You need to go through several levels of authorities and obtain a number of permits. And you will have to wait quite a long time. But if the owner of the site is a purposeful person, then this process can be carried out.
When it is necessary?
Such a transfer may be needed if the owner of a plot (or an existing building) does not want to use it as a residential building, but wants to open an institution in its place for the purpose of further generating income - a store, a shopping center, a gym...
However, it is worth immediately taking into account that when making such a decision, the administration will be guided not only by its own opinion, but also by the opinion of the neighbors living next to the building/site that is decided to be converted into commercial use.
If the majority of them are not against opening a store, then the decision to change the status will most likely be positive, otherwise it may not be possible to change the category of land.
One should immediately note such an option as changing the purpose not of the entire area of the site, but only of its part. For example, a citizen owns a house and an adjacent garage, in which he wants to open a local car service and thus earn money. In order to start such a business, it is absolutely not necessary to convert all the land into commercial land; it is enough just to change the status of the garage.
And if the decision is positive, then the owner of the site will receive documents with the following status: residential construction + commercial use (in most cases, for a small business, this option will probably be the most optimal).
Is it possible to transfer land from individual housing construction to commercial land?
Lands that have been assigned the category of individual housing construction can be converted into commercial real estate. Therefore they are very popular. Similarly, transfer can be made from agricultural land to individual housing construction. Only after this procedure can you obtain permission to transfer to construction sites for business. If the specified land area is small, you can apply for transfer to local government agencies. If it covers several hectares, and the commercial facilities are of impressive size, then you should turn to government authorities to resolve this issue.
Is it necessary to transfer land from individual housing construction to commercial land for a guest house?
The legislation does not indicate whether it is possible to build a guest house or a large hotel on the territory of individual housing construction. However, judging by generally accepted rules, low-rise construction projects can be initiated on such lands. However, only one family is required to live in them.
In modern conditions, low-rise construction can be understood as something completely different. Therefore, before construction begins, such nuances should be clarified with local authorities. For example, houses with a total number of floors of no more than three can be:
We advise you to read:
- Transfer of land from agricultural use to individual housing construction land
- How to transfer SNT land to individual housing construction?
- What is the difference between private household plots and individual housing construction?
- Rules for developing a land plot for individual housing construction
- Individual objects for private housing;
- Built for business purposes (shopping centers, grocery stores, restaurants, guest houses, and so on).
If you look at the Town Planning Code, namely the law in Article 48, then it is not at all necessary to have design documentation for the building. We are talking about individual housing construction. In other words, the designer can complete the project based on personal preferences and then obtain permission from the local government authority.
Thus, it is possible to transfer land from individual housing construction for subsequent commercial purposes, for example, for the construction of a store, upon application.
By the way, in the situation described, an article about why a town planning plan for a land plot is needed in 2020 may be useful.
How to transfer a land plot from individual housing construction to commercial?
Do you want to change the purpose of your site? The correct procedure for transferring land from individual housing construction to commercial property will be required. To do this, you need to order from the administration a list of permits for the use of the current land plot. If we are talking about commercial activity, then you can change the purpose with a subsequent decision of the owner of the land plot in addition to its intended use. In this case, it will be necessary to change the basis in accordance with the administrative resolution.
You must contact the administration so that they can provide a list of permitted uses of your land area. If there are problems with your land plot, you can consult a legal specialist.
How to change the purpose of a land plot from individual housing construction to commercial?
The permitted use of the land area may be changed based on the rules for development and land use. If there are approved changes, the corresponding rules are introduced into them. The main conditions are outlined in Articles 31 and 32 of the Civil Code of the Russian Federation.
We are talking about submitting an application and changing the rules of development and land use to the local commission. Public hearings can then be held. During their implementation, the owners of nearby land areas must be notified. Only after this will the government authority approve the changes made. As a result of the order, the purpose in the State Real Estate Cadastre changes.
If decisions on this territory have not been made, then the head of the local administration deals with this problem. If a permit is required for residential construction, the decision may be made without a public hearing.
How to register a hotel
Many landowners want to start a hotel business on their plot, which is classified as individual housing construction. To do this, it is necessary to change the type of permitted use of this land plot. You should know that this significantly increases the size of the cadastral value of the occupied territory and the rate of state land tax, respectively.
To make a positive decision, local authorities must also hold mass hearings on this issue.
