Use of land: permitted types

What is the purpose of the site?

The intended purpose of a site is a narrower and more applied concept that deciphers and specifies the permitted activity defined by the category. That is, if a certain plot belongs to the category of agricultural land, then its intended purpose may be gardening, growing various crops, and breeding fish or animals.

What types of memory are there?

What types of land use are there? According to Art. 7 of the Land Code of the Russian Federation, the entire territory of the state is divided into:

agricultural land;
lands of populated areas;
lands of industry, energy, transport, communications, radio broadcasting, television, computer science, lands for space activities, lands of defense, security and lands of other special purposes;
lands of specially protected areas and objects;
forest fund lands;
water fund lands;
reserve lands.

Let's look at the main differences between the categories and their purposes.

Agricultural land is one of the most extensive categories, covering all territories with fertile soils, where individuals and legal entities, government, commercial and non-profit organizations can engage in various types of agriculture.
Lands of settlements - all areas within the administrative boundaries of settlements, which in turn are zoned by local authorities according to their purpose (residential, industrial, recreational and others).
Industrial and special-purpose lands are the most versatile category, uniting territories where industrial and other activities with high technogenic risks are permitted.
Lands of specially protected territories and objects - the category combines:
Lands of medical and health resorts and resorts are areas that have natural resources for the treatment and preventive health of citizens, sources of mineral waters and similar conditions. Sanitary protection districts are established in such territories.
Lands for environmental purposes are areas occupied by protective forests and water protection facilities. Economic activity in these territories is permissible, but limited by the land protection regime.
Recreational lands – this subcategory includes lands occupied by tourism, sports, and active recreation facilities. Any other economic activity is prohibited.
Lands of historical and cultural significance - places of location of historical and cultural monuments of Russia and its peoples, places of traditional crafts, lands under military and civilian cemeteries. Changing the intended use of these lands is prohibited.
Particularly valuable lands are territories where unique natural and other objects of scientific or historical and cultural value are located.
Water fund lands are areas covered with water or occupied by hydraulic structures. Land plots in these territories are not allocated; additional areas may be reserved for the construction of artificial reservoirs.
Forest fund lands - all areas covered with forest and places where it is planned to be restored, as well as related objects (clearings, roads, etc.).
Reserve lands are land areas that have not yet been distributed and are in demand with an uncertain purpose. They are in municipal or state ownership and must be transferred to the appropriate category in order to be used.

Digital coding is applied to the types of permitted use of a land plot. For more information about the land category code, in what cases and where it is indicated, as well as how to decipher it correctly, read here.

The procedure for changing the target functional purpose

, as well as the tenant with prior agreement with him, have the right to change the intended purpose To learn how to change the purpose of non-residential premises, it is important to study the step-by-step algorithm of actions. Changes can be made in two ways:

By transferring to residential premises (in accordance with Chapter 3 of the Housing Code of the Russian Federation).
By changing the type of activity for which it was intended.

This procedure is quite complex and consists of a number of steps:

Preparation of the project and its approval by all supervisory services (SES, Vodokanal, Ministry of Emergency Situations, etc.).
Collecting documents and submitting them to local authorities.
Carrying out construction and other work in accordance with the approved project and putting the building into operation.
Registration of a technical passport at the BTI.
Obtaining a new cadastral passport and registering a certificate of ownership in the unified USRN database.

Which authorities should I contact?

To determine which authorities will be required to obtain permits, you need to find out what the object was used for.

Any type of activity requires compliance with fire and sanitary-epidemiological standards. Therefore, the applicant needs to coordinate his intentions with the district fire inspection department and Rospotrebnadzor.

The owner will need to contact the BTI to obtain plans of the premises located above and below the object in question. The result will be the receipt of an agreement signed by representatives of all authorities, the main one of which will be the local administration.

Project preparation

Before drawing up a project, it is necessary to consider a number of important points:

Condition of load-bearing walls and floors.
Correct wiring.
Condition of the water supply system.
Possibility of redevelopment in the selected building.

After the preliminary examination, you can begin to draw up a project, which may include additional parameters:

Ventilation system.
Facade decoration.
Water supply and heating system.
Other design solutions.

The results of the design work should be agreed upon with the following services in the specified order:

Housing inspection.
Fire supervision.
SES.
Expert Bureau.
Department of Architecture (if it is planned to change the facade of the building).

List of documents

To repurpose non-residential premises, the following documents will be required:

Application from the owner of the premises.
Documents confirming the legality of ownership.
Explication.
Technical plan.
Redevelopment project.
Certificates from the BTI about inventory value and technical condition.
Certificate of timely payment of utilities.

Getting permission

Self-government bodies of a constituent entity of the Russian Federation study the submitted package of papers within 6 days and make a decision to change the purposes of its use. If the result of the review is positive, the owner receives a permit with an unlimited validity period. If there are violations, they are given a 10-day period to eliminate them and the opportunity to re-apply.

Cost of the procedure

The costs will consist of several parts:

Project preparation.
Payment for housing inspection services.
Payment for redevelopment.
State duties.

The amount of costs will depend on the region . For example, the cost of the procedure in Moscow and the region will be expressed in the following amounts:

For the preparation of a technical report you will have to pay about 25 thousand rubles.
Drawing up a building project will cost approximately 130 thousand rubles.
BTI services will cost 60 thousand rubles.
Architectural work – 30 thousand rubles.
The final adjustments will be 45 thousand rubles.

In remote regions, the price may differ significantly, and the total cost will be only 60-70 thousand rubles.

Deadlines

Typically, the preparation of a technical report takes 1-2 business days. However, the concept of deadlines in this procedure is a relative concept:

Drawing up an architectural plan may take up to 14 days.
Preparation of certificates from the BTI will take 10-30 days.
It will take about 30 days to receive a cadastral passport with the adjustments made.

Thus, if the project is complex, the duration of work will be about 2 months.

The final stage

The final stage is obtaining a cadastral passport with an updated layout and registering a new certificate of ownership. The cadastral plan of the premises can be changed on a technical basis. At the same time, the time frame for making amendments varies from 3 to 18 days and depends on the complexity of the work being carried out.

So, the purpose of non-residential premises plays a decisive role in the possibility of its operation. The owner may be held liable for illegal use, and therefore his main task is to make timely adjustments if a change of activity is planned. This procedure is quite labor-intensive and requires not only time, but also financial costs. However, by following the scheme given in the article, you can avoid problems in the future.

Procedure

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

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

Kinds

The types of intended purposes of the land plot are as follows:

individual housing construction;
LPH;
DNP;
SNT.

Let's look at each type in more detail.

individual housing construction

IZHS stands for personal housing construction. This status is given to land plots within a locality, which are used for the purpose of constructing residential real estate.

The advantages of individual housing construction are quite obvious:

you can carry out construction and register the ownership of buildings;
the ability to assign an address to a house and register there on a permanent basis;
the presence of a complete list of legal possibilities in relation to the plot, in other words, it can be sold, donated, and so on.

Additionally, it is necessary to pay attention to the fact that an allotment for individual housing construction is most optimal for private construction, since this is what it is intended for

Private household plots

Private household plots are one of the forms of activity of citizens, which is aimed exclusively at the production of agricultural goods and processing.

In order for a plot of land to be included in private household plots, it must meet the following requirements:

the owner does not plan to receive income from it in the future;
there is no hired staff;
All products are manufactured solely for personal use.

Additionally, it is necessary to pay attention to the fact that the land on which the activity is carried out is presented or purchased for the purpose of running private household plots and there is a corresponding mark about this

DNP

DNP stands for dacha non-profit partnership. In essence, this is the same as SNT, but there are some features.

In a situation where a dacha partnership is located within the boundaries of a populated area, then in terms of its parameters the plot is practically equivalent to plots for personal housing construction.

This happened largely due to the introduction of the so-called “dacha amnesty.” From a theoretical point of view, DNP plots cannot be used for the purpose of housing construction, and has its own disadvantages.

SNT

SNT stands for horticultural non-profit partnership, in other words, an association of amateur gardeners.

Such plots, in most cases, are located outside the boundaries of the populated area in areas of agricultural use.

On the opposite side:

the land cannot be used for the purpose of constructing residential real estate;
connection of the site to various communications is carried out at the expense of its own financial resources;
Regardless of what characteristics the house has, it will in any case acquire the status of a “country house”.

Please note: if there is a residential building on the site, it is almost impossible to make any transactions with it.

Definition of concepts among such objects

Free status

A non-residential property can be given the status of a free-use premises, which allows it to be used in various fields of activity. Such an object can be repurposed at any convenient time if necessary, which significantly saves the owner’s time and money. Most often, vacant premises are intended for rent, and therefore a change in purpose occurs much more often than usual. They are used for offices, hairdressers, shops.

Free-use premises, contrary to their status, cannot be used for all areas of activity . In some situations, additional permits will be required.

Reference. The cost of free-use objects is significantly higher than similar options indicating a specific purpose.

Residential status

A change in the purpose of using a room in a building is not a reason for reconstructing the building itself. This is where the concept of non-residential premises with a residential purpose arose. Consequently, the building may be non-residential, but the premises located in it are suitable for habitation.

Thus, the main task of the owner is to go through the procedure for making adjustments in a timely manner, which we will discuss further.

Main types of land use

The main types of use of a land plot are the basic legal regulations, or the grounds on which the activities of the owner or tenant are guided when developing the land plot.

They set the main trends, allowing, based on the category of land:

construction of a capital structure;
organization of a summer cottage;
organization of personal subsidiary farming;
commercial agricultural activities;
Building bussiness;
other work in accordance with the obtained permission to use the land.

The choice of the main type is at the discretion of the owner, on the basis of clause 2 of Art. 7 Land Code of the Russian Federation. If we are talking about the lands of populated areas, the following norms of the Town Planning Code additionally come into force:

Clause 1 of Article 9 of the Civil Code of the Russian Federation;
Part 2 and Part 6 of Article 30 of the Civil Code of the Russian Federation;
clause 1, part 3 of article 37 of the Civil Code of the Russian Federation;
Part 4 of Article 37 of the Civil Code of the Russian Federation.

The main type is completely guided by the rules for the development of zoning territory adopted by the local municipality represented by the land department. If we are talking about development within the city limits - the department for architecture and construction.

Taking the main type of use of a site as a standard, its owner accepts the local orders established by the indicated authorities for the development of the lands belonging to him.

Basic indicators are the numerically expressed norms provided for the use of the site. They are included in the classifier approved by Order of the Ministry of Economic Development No. 540 of September 1, 2014.

Here, each land category represents its use options, which are encoded with numeric symbols. When choosing the main type of permitted use, the landowner chooses the appropriate method of organizing work on the site and enters the specified code into the documentation.

For example, the residential development code is 2.0. Paragraph 1 provides for the construction of low-rise buildings. Accordingly, indicator 2.1 is the permitted type of use for land intended for individual housing construction.

How is land transfer carried out?

How to change the purpose of land? Despite the fact that each plot has a specific classification, in some cases an interested person or its owner can initiate the procedure for changing the category of land. So, in order to carry out this procedure, you need to take the following steps:

Submit an application to the land committee under the administration of the district in whose department the corresponding plot is located, with a requirement to carry out this action to change the intended purpose.
To analyze the application, the department takes a regulatory period of 60–90 days, during which it analyzes the fundamental possibility of changing land categories, as well as the nuances and consequences arising from this action.
If these lands are not subject to a federal ban or they are not burdened with any government programs or do not constitute strategic lands, then the department can give consent, and the procedure will be completed within 15 working days.

Important! In fact, as a rule, most sites are transferred for quite a long time, since district, regional or federal authorities always come with clarifications on the development plan of the territories, the presence of restrictions in these areas in the form of environmental zones and other encumbrances associated with the impossibility of exploiting the land in accordance with with the desired purpose. Therefore, the interested party should inquire about successful cases of completion of this operation before changing the use of land

To summarize, it should be said that the unauthorized use of land for purposes other than its intended purpose can have very dire consequences for its owner, especially if the non-targeted activities of an enterprise or individual affect the interests of third parties. Thus, for a violator, in accordance with judicial practice in the country, it is possible to apply penalties, dismantling constructed structures, the impossibility of registering them as real estate, as well as criminal proceedings if the activities of this person caused severe harm to others or their property.

Settlement lands

Improper use - liability

Using non-residential premises for other purposes is fraught with administrative liability , and therefore, both legally and in fact, one must adhere to all legal requirements and norms.

In addition, Art. 15 of the Housing Code of the Russian Federation contains a number of requirements that a residential premises must meet, and, therefore, if they are violated, living in it is prohibited, it is automatically recognized as non-residential.

There is currently no direct liability for living in a building that does not meet the requirements of the law. But there are penalties regarding non-compliance with SES standards : noise level, layout, occupied space, lighting, etc.

In monetary terms, ordinary citizens face a fine of 500-1000 rubles, officials and individual entrepreneurs will have to pay 1000-2000 rubles, and legal entities - 10,000-20,000 rubles. Entrepreneurs also face suspension of activities for up to 90 days, and legal entities. persons for a period of up to three months (Article 6.4 of the Code of Administrative Offenses of the Russian Federation).

The essence of imposing fines is not punishment as such, but the protection of the life and health of the citizens themselves, because staying in a facility that does not meet the requirements is not at all safe .

Main types of permitted use of land

Depending on the intended purpose of the land, each plot in turn has its own type of permitted use with the assignment of a corresponding numerical code. So, the gradation of these lands is as follows:

Land for agricultural activities - code 1, is divided into 18 categories, according to which on this land it is possible to engage in livestock farming, crop production, erect agricultural buildings, carry out various breeding and other activities in accordance with the status of the land.
Settlement lands - code 2, contains 7 main subtypes, namely individual residential buildings, high-, medium- and low-rise apartment buildings, personal gardening for organizing gardening for personal purposes, etc.
Sites proposed for the placement of public buildings and structures, code 3, includes 10 subparagraphs and implies the right to locate public utility facilities, medical institutions, schools, preschool educational institutions, universities, buildings intended for social security of the population and other similar objects.
Land intended for business and other commercial activities, having a classifier number 4, which includes 10 types of objects, in particular, trade enterprises, hotel business, roadside service, public catering, etc.
Areas allocated for recreational and park areas intended for the placement of similar, including sports facilities. They are recorded in the register under code 5 and contain 5 items.
Industrial lands for the construction of plants, factories and their infrastructure, ancillary buildings, code 6, consists of 11 types.
Sites for development for transport infrastructure, code 7, including 5 categories.
Lands for the placement of objects of military and strategic importance are located under code 8 and consist of 3 points.
The last code among the types of permitted use is 9, which includes 2 subparagraphs and involves engaging in activities to protect natural objects.

Land Committee

Important! Depending on the location of the site and its significance on the general plan of the settlement and the adjacent territories, each site, according to its cadastral passport, has one of the codes listed above. On each document for land, these quality indicators must match, otherwise the papers are considered invalid

Purposes of its use

The purposes of using non-residential premises must correspond to the type of activity carried out in it, and can be as follows:

Communal and household.
Medical.
Educational.
Trading.
Production.
Warehouse.
Office.
Sports.
Intended for public catering.
Free appointment, etc.

EGRN includes a list of information presented in text and graphic form, and consists of: real estate cadastre, register of rights to real estate, register files, register of boundaries, cadastral maps and books of documents (Article 7 of the Federal Law No. 218 of July 13, 2015 .).It is worth noting that the Register stores not only current data, but also previously entered information about real estate objects.

According to functionality, there is a division into:

Basic.
Attendants.
Technical.
Communication.
Auxiliary.

Thus, non-residential premises can be used for a variety of purposes, in addition to living in them.

Documentation

The application is accompanied by documents that can confirm the authenticity of the applicant’s identity (if we are talking about people with the status of an individual) or confirm the legality of the actions of an individual entrepreneur or legal entity (extract from the unified state register of individual entrepreneurs or legal entities), an extract from the Unified State Register of Entrepreneurs or legal entities, the specific area in respect of which the procedure is to be carried out.

In the event that the current legislation provides for the need to conduct a specialized environmental assessment in relation to a particular site, an expert commission’s conclusion based on the results of the work performed will also be required.

The entire package of documents is checked by employees of the relevant executive authorities for compliance with the requirements of the current legislation of its contents and the person who submitted this package.

If the documents or the person who submitted them do not comply with the specified requirements, all papers are returned to the applicant within no more than thirty days from the date of their receipt, accompanied by a reasoned refusal to accept with a detailed indication of the reason for the refusal.

Within three months, documents are reviewed by the Government of the Russian Federation in relation to lands transferred to its jurisdiction. Two months are allocated to executive bodies in the constituent entities and municipalities.

Based on the results of consideration of the application, a corresponding act is issued, which indicates the assigned category or established type of permitted mode of use or intended purpose, and the date of the decision on such establishment.

Such an act does not have an expiration date, since the next one can be adopted at any time as a result of the occurrence of relevant grounds.

Within fourteen days from the date of recording the decision by drawing up an act, the latter must be sent to the applicant.

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Forms of ownership of land plots

The current version of the Constitution has given Russians the opportunity to register private ownership of land plots.

Private land can belong to both a citizen and a group of persons with the status of a legal entity, partnership or non-profit organization. But also a certain part of the lands, according to Article 9 of the Constitution, remained in the possession of the state and municipalities (local authorities). A mixed version is also allowed.

Chapter 3 of the Land Code is devoted to issues of forms of ownership of plots. The rights of private and public ownership of land are contained in Article 17. Civil Code.

Depending on the form of ownership, different rules apply regarding the turnover of plots. Today anyone can find out what form of ownership applies to a particular memory. Such information is available on the public cadastral map from Rosreestr. To obtain the necessary information, you need to know the cadastral number or the exact address of the site.

Is it possible to change the purpose of a land plot?

The purpose of the land is determined by the class to which the site belongs. Information about this is included in the concept of cadastral lists, along with data on location, number of owners and other characteristics entered into the register. Based on this data, the site is assigned a specific destination category.

You can change your appointment; there are different options for this:

Change resolution. Occurs within one category. For example, a plot of land is intended for vegetable growing, but the owner wants to raise livestock and needs land for pastures. In this case, the permit changes, but the category itself (agricultural purpose of the land) does not change.

Reasons

Carrying out such events is possible only on the grounds listed in the current legislation (Article 14 of the Federal Law “On the Transfer of Lands...”). In accordance with the provisions of this article, the following grounds should be highlighted:

• Determination of the category of a plot in accordance with the data contained in the databases of the Unified State Register of Real Estate (USRN) based on the information contained in pre-existing cadastral documents for this plot;

• Classification of a plot of land to one or another category in accordance with the application of its owner on the basis of the documents available to him confirming the ownership of the plot, which indicate the category of the plot (relevant for entering information into the Unified State Register of Real Estate when the owner of the plot changes, if there is other documentary evidence of the assigned category there is no site);

• Transfer of land allotment from one established category to another (for example, from agricultural land or reserve land to land in populated areas);

• If a factual error is identified in the classification of certain land plots to different categories (a contradiction is found between the state registers of forestry and agricultural lands and the Unified State Register of Real Estate - the information contained in the Unified State Register of Real Estate will be used).

Purpose of non-residential premises - what is it?

The concept in question does not have a legislative definition, but is only designated in accordance with the order of the Ministry of Economic Development of the Russian Federation No. 943 dated December 16, 2015, which approved the procedure for maintaining the Unified State Register of Real Estate.

The document stipulates a clear division of premises according to their purpose into residential and non-residential. The former can be used exclusively for residence, the latter are divided according to their intended purpose in accordance with the type of permitted use in the Unified State Register of Real Estate.

Attention! Because Non-residential premises have different purposes of use, and therefore the requirements for them are different. This applies to sanitary, fire and other standards. The requirements presented significantly narrow the boundaries of the use of the premises, which is reflected in its purpose.

How to change land category

bloodua/Depositphotos

According to the laws of the Russian Federation, all lands are divided into a number of categories: settlements; agricultural purposes; industrial and social purposes, as well as some others. Only on land plots of the first two categories does the law allow the construction of housing, and only these territories have all the rights to create a comfortable life.

The type of permitted use (AUR) of a land plot for individual housing construction is relevant only for the lands of populated areas, for example cottage villages, where residence and registration are permitted.

How to choose and buy a plot for construction?

On what categories of lands can one build and on which ones cannot?

In other words, the “category of a land plot” and the “type of permitted use of a land plot” answer the question of what capital construction projects can be legally built on this land.

The main difficulty lies in the master plan

The law of our country does not provide for the transfer of land from one category to another at the request of the owner. Changing it from “agricultural use” to “land where you can build a private house” will not work. The basis for such a change can only be a new approved general plan of the territory. In this regard, the district administration must provide for such a change. Only in this case the owner has the right to submit a petition to the administration to change the category of the land plot.

They consider the application for up to two months, and after that, within another couple of weeks, a positive decision or refusal is issued.

If the answer is “yes”, then the owner of the site receives an act indicating:

reasons for changing the category;
boundaries, area and cadastral number of the plot;
the category to which the land belonged, and the category to which it will now belong.

Is construction allowed on SNT lands?

Three critical nuances when purchasing a plot for individual housing construction

reason for refusal to change land category

You will be refused to change the category of a site if the site is located at a distance from the boundaries of a populated area and the administration’s plans do not include developing and expanding the nearest settlement.

Even before starting the whole process, it is worth considering other factors. For example, a change of category will be denied if the environmental assessment turns out to be negative; if the intended purpose of the land does not correspond to land management documents; if the site falls into categories such as pasture, meadow or similar.

Service cost and taxes

Firstly, when the category of land changes, the tax on it will also change. But if the land was not transferred to another status, and a residential building was allowed to be built on an agricultural plot, then the tax rate will remain the same. Covering changes in the cadastral value of the site is the most expensive part. And the owner must pay for it. The amount can reach 30% of the cost of the land. The cost of the procedure will also be affected by the size of the plot, services for preparing documents, creating a project for the future home, and, if necessary, an environmental assessment.

Can I transfer my land to the individual housing construction category?

Why is it easier to change the category of land if there is a cemetery nearby?

The situation is different with the types of permitted uses. They can be changed and are even easier than a few years ago. If in your territorial part of the Land Use and Development Rules (LRU) you, as the owner of the site, have the right to change the VRI, then just follow the instructions.

Specify the area of your site

You can do this on the website of the administration of your territory (district)

Having learned the name of the land zone, it is important to clarify its decoding and the entire list of permissible types of permitted use

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. 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, with the exception of state authorities, local governments, state and municipal institutions, state and municipal unitary enterprises, are chosen independently without additional permits and approval . 5. Decisions to change one type of permitted use of land plots and capital construction projects located on lands to which urban planning regulations do not apply or for which urban planning regulations are not established to another type of such use are made in accordance with federal laws. 6. Granting permission for a conditionally permitted type of use of a land plot or capital construction facility is carried out in the manner prescribed by Article 39 of this Code. 7. An individual or legal entity has the right to challenge in court the decision to grant permission for a conditionally permitted type of use of a land plot or capital construction project or to refuse to provide such permission. Limit (minimum and (or) maximum) sizes of land plots and maximum parameters of permitted construction, reconstruction of capital construction projects 1. Limit (minimum and (or) maximum) sizes of land plots and maximum parameters of permitted construction, reconstruction of capital construction projects may include : 1) maximum (minimum and (or) maximum) sizes of land plots, including their area; 2) minimum setbacks from the boundaries of land plots in order to determine the places of permissible placement of buildings, structures, structures, outside of which the construction of buildings, structures, structures is prohibited; 3) maximum number of floors or maximum height of buildings, structures, structures; 4) the maximum percentage of development within the boundaries of the land plot, defined as the ratio of the total area of the land plot that can be built on to the entire area of the land plot; 5) other indicators. 2. For each territorial zone, the dimensions and parameters and their combinations specified in Part 1 of this article are established. 3. Within territorial zones, subzones can be established with the same types of permitted use of land plots and capital construction projects, but with different maximum (minimum and (or) maximum) sizes of land plots and maximum parameters of permitted construction, reconstruction of capital construction projects and combinations of such sizes and parameters. The procedure for granting a permit for a conditionally permitted type of use of a land plot or capital construction facility 1. An individual or legal entity interested in granting a permit for a conditionally permitted type of use of a land plot or capital construction facility (hereinafter referred to as a permit for a conditionally permitted type of use) sends an application for granting permission for a conditionally permitted type of use to the commission. 2. The issue of granting permission for a conditionally permitted type of use is subject to discussion at public hearings. The procedure for organizing and conducting public hearings is determined by the charter of the municipal formation and (or) regulatory legal acts of the representative body of the municipal formation, taking into account the provisions of this article. 3. In order to respect the human right to favorable living conditions, the rights and legitimate interests of the legal holders of land plots and capital construction projects, public hearings on the issue of granting permission for a conditionally permitted type of use are held with the participation of citizens living within the territorial zone within the boundaries of which the land plot is located site or capital construction facility for which permission is being sought. If a conditionally permitted type of use of a land plot or capital construction project may have a negative impact on the environment, public hearings are held with the participation of the rights holders of land plots and capital construction projects that are at risk of such a negative impact. 4. The Commission sends messages about public hearings on the issue of granting permission for a conditionally permitted type of use to the rights holders of land plots that have common boundaries with the land plot for which this permission is requested, to the rights holders of capital construction projects located on land plots that have common boundaries with the land plot for which this permit is requested, and the rights holders of the premises that are part of the capital construction project for which this permit is requested. These messages are sent no later than ten days from the date of receipt of the interested person’s application for permission for a conditionally permitted type of use. 5. Participants in public hearings on the issue of granting permission for a conditionally permitted type of use have the right to submit to the commission their proposals and comments regarding this issue for inclusion in the protocol of public hearings. 6. The conclusion on the results of public hearings on the issue of granting permission for a conditionally permitted type of use is subject to publication in the manner established for the official publication of municipal legal acts, other official information, and is posted on the official website of the municipality (if there is an official website of the municipality) on the Internet "Internet". 7. The period for holding public hearings from the moment of notification of residents of the municipality about the time and place of their holding until the day of publication of the conclusion on the results of the public hearing is determined by the charter of the municipality and (or) regulatory legal acts of the representative body of the municipality and cannot be more than one month. 8. Based on the conclusion on the results of public hearings on the issue of granting permission for a conditionally permitted type of use, the commission prepares recommendations on granting permission for a conditionally permitted type of use or on refusing to grant such permission, indicating the reasons for the decision, and sends them to the head of the local administration. 9. Based on the recommendations specified in Part 8 of this article, the head of the local administration, within three days from the date of receipt of such recommendations, makes a decision to grant permission for a conditionally permitted type of use or to refuse to grant such permission. The said decision is subject to publication in the manner established for the official publication of municipal legal acts and other official information, and is posted on the official website of the municipality (if there is an official website of the municipality) on the Internet. 10. Costs associated with organizing and conducting public hearings on the issue of granting permission for a conditionally permitted type of use are borne by the individual or legal entity interested in granting such permission. 11. If a conditionally permitted type of use of a land plot or capital construction facility is included in the town planning regulations in the manner established for amending the rules of land use and development after holding public hearings on the initiative of an individual or legal entity interested in granting permission for a conditionally permitted type use, the decision to grant permission for a conditionally permitted type of use to such a person is made without holding a public hearing. 12. An individual or legal entity has the right to challenge in court the decision to grant permission for a conditionally permitted type of use or to refuse to provide such permission. Deviation from the maximum parameters of permitted construction, reconstruction of capital construction projects 1. Rights holders of land plots whose sizes are less than the minimum sizes of land plots established by the town planning regulations or whose configuration, engineering-geological or other characteristics are unfavorable for development, have the right to apply for permission to deviate from the maximum parameters permitted construction, reconstruction of capital construction projects. 2. Deviation from the maximum parameters of permitted construction and reconstruction of capital construction projects is permitted for a separate land plot subject to the requirements of technical regulations. 3. A person interested in obtaining permission to deviate from the maximum parameters of permitted construction or reconstruction of capital construction projects sends an application to the commission for such permission. 4. The issue of granting permission to deviate from the maximum parameters of permitted construction, reconstruction of capital construction projects is subject to discussion at public hearings held in the manner determined by the charter of the municipality and (or) regulatory legal acts of the representative body of the municipality, taking into account the provisions provided for in Article 39 of this Code. Costs associated with organizing and conducting public hearings on the issue of granting permission to deviate from the maximum parameters of permitted construction, reconstruction of capital construction projects are borne by the individual or legal entity interested in granting such permission. 5. Based on the conclusion on the results of public hearings on the issue of granting permission to deviate from the maximum parameters of permitted construction, reconstruction of capital construction projects, the commission prepares recommendations on granting such permission or refusing to grant such permission, indicating the reasons for the decision, and sends these recommendations head of the local administration. 6. The head of the local administration, within seven days from the date of receipt of the recommendations specified in part 5 of this article, makes a decision to grant permission to deviate from the maximum parameters of permitted construction, reconstruction of capital construction projects, or to refuse to provide such permission, indicating the reasons for the decision. 7. An individual or legal entity has the right to challenge in court a decision to grant permission to deviate from the maximum parameters of permitted construction, reconstruction of capital construction projects, or to refuse to provide such permission.