The functional use of a land plot indicates the type of economic activity for which it is used, and is one of the criteria for establishing the land tax rate

Briefly about the service

What to do if, in accordance with all documents, the functional purpose of the premises is defined as one (pharmacy, store, dentistry, beauty salon, restaurant, office, etc.) and you plan to use it for other purposes?
Many questions arise like: “Who should I contact?”, “Where to start?”, “What to do?”, “What documents will be needed?”, “What are the deadlines for receiving documents?”, “What is the procedure for obtaining the desired document in which will your right to use the premises for your needs be clearly recognized? "

Legal specialists will answer all your questions, receive the necessary documents and go through all the stages required by law so that you can use the premises for your needs, namely:

1. Carrying out a technical inventory with the production of a technical passport for the premises
2. Coordination of the functional purpose of non-residential premises with local authorities at the location of the facility
3. Concluding a share participation agreement, obtaining a certificate of share participation
4. Registration of rights to premises with the State Registration Service of Ukraine

Purpose of the land plot

Hello! Please, I beg you, please help! To prevent the squeeze-out and seizure of our apartment in Minsk, in Serebryanka! Tel. 80447496838 what to do in the Republic of Belarus if they are planning for something difficult and want to take over our apartment in Minsk through the court, in 2021 through my mother’s roommate? Where did I make appeal requests to all authorities!!! Sent on 09/07/20, she sent appeals to all authorities: the Prosecutor General's Office, the Minsk Prosecutor's Office, the Minsk Region, the Security Council, the KGB, even sent her appeal to the President to help conduct an investigation into the mother's cohabitant and all his actions!!! To requests where no one from the management reacts in any way, after the publication of my appeal, they took my application for consideration at the Prosecutor General's Office about the appeal of citizens by Yuri Viktorovich Karpitsky, as well as at the Prosecutor's Office of the city of Minsk, but only until the registration number, everything is under consideration, where They said the secretaries would give a response by e-mail within 5 days or after 5 days to my appeal through the website “about citizens’ appeals”. I really hope that they won’t decide on their own. I don’t even know whether this problem will be taken up for consideration and solution! It’s just that not a single law works at all when I apply! I sent it through the official website and email to everyone I could from senior officials, even to Karl Marx, 38. A terrible situation with this roommate, where in essence he has now made himself unable to walk and through the hospital he received a conclusion where, over time, through the court they will make him insolvent and incompetent, everything is completely blocked and this roommate, with such protection, is with his brother, a lawyer with great connections in Gomel and Minsk!!! To take away an apartment in Minsk from the defenseless, where they have lived all their lives and here for the right person!!! Of course, no one will ever say such actions and things openly, it would be a crime! Who just wanted ours! So many apartments in Minsk! Moreover, for such people, everything is possible for free or minimal %!!! And now with the tenants, who are purposefully led through the bank into debts that they themselves organized! Ruining our family and squeezing our private property since 1978!!! A terrible situation with such actions of such people who help him!!! Such a scheme will never exist alone! Only these are all unprovable actions in my words! Especially the fact that the mother’s partner, under someone’s guidance, has been processing apartments since 1996 with his bank documents, adding additional notarial powers without the knowledge of the one on whom everything is entrusted! The main thing is that she does everything according to the law, drawing up some of the documents and making another person responsible, now my mother. How to stop all this for our family and our apartment in Minsk?! And after all, the woman with whom she previously lived as a partner did not just hang herself! The appeals that I send to the supervisory and control authority, directly, so that they are considered and stopped! Perhaps they will simply write back that everything is fine! I don’t know how I can prevent all these actions of this roommate? And if there is an inspection, then a military pensioner at 59 years old! They will definitely cover him up, because he cannot do everything on his own and formalize it specifically for certain actions, and especially in advance, right 2 years before certain actions!!! For more than a month now, thieves with Mogilev and Gomel license plates have been standing guard in expensive cars in the yard, which will directly take part in all these actions! showing that they will do everything possible, demonstratively showing that this particular apartment is needed! It may be related to contracts, etc. So impudent to our apartment!!!

Cost of services

What is included in our services

• consultations on changing functional purpose
• preparation of an application and the necessary package of documents to obtain a conclusion on a change in functional purpose
• representation of the client’s interests when submitting the required package of documents to local government authorities
• obtaining a conclusion on a change in functional purpose
• if necessary – carrying out a technical inventory with the production of a technical passport

5 reasons to order from us

• Our company has been providing services in this area since 2008
• We have repeatedly supported the process of obtaining an opinion regarding a change in functional purpose
• Initial consultation – free
• And finally, the best characteristic of our work is our clients.

Contact us and we are guaranteed to achieve the result you want!

Types of land use

The law provides for the following types of permitted use of land plots and capital construction projects: main, conditionally permitted and auxiliary.

Auxiliary uses are additional to the main and conditionally permitted types of permitted use and are carried out in conjunction with them.

Conditionally permitted use of a land plot differs from the main type of permitted use in that it requires obtaining a special permit. The owner of the land plot ─ an individual or legal entity interested in obtaining permission for one of the conditionally permitted types of use of the land plot must send an application for its grant to the relevant government structures. A separate article of the Town Planning Code of the Russian Federation, Article 39, is devoted to the procedure for granting permission for a conditionally permitted type of use of a land plot or a capital construction project.

Any type of permitted use from among the territories provided for by zoning is chosen by the copyright holder independently, and does not require obtaining additional permits or carrying out approval procedures.

However, some domestic lawyers believe that the right provided for by the Land Code of the Russian Federation to independently, without additional permits and approval procedures, choose any of the types of permitted use of a land plot provided for by zoning of territories is not supported by an implementation mechanism that fully ensures its implementation.

Details about the service

The functional purpose of non-residential premises is an acceptable way to use these premises.

If the premises were previously used as an office, and you need to place a store/dentistry/hairdresser, etc. there, you must find information about the functional purpose in the design documentation and title documents for the premises. In the case where such information is missing, your premises are so-called “free use”. If the functional purpose is directly indicated and it does not suit you, it is necessary to carry out a partial reconstruction or complete re-equipment with a subsequent change of functional purpose.

To obtain approval for the functional purpose of the premises (building), you must submit an application to the local government authorities at the location of the facility.

The procedure for changing/coordinating the functional purpose of non-residential premises

List of documents required to change/approval of the functional purpose of non-residential premises

* Y - Prepared by JUSTICON company, K - Provided by the client

Legal, having many years of experience, offers you a full range of legal services for changing the functional purpose of non-residential premises

Legislation

Law of Ukraine “On the regulation of urban planning activities”

We determine which assessment zone the land plot belongs to

Question: The organization has in use a plot of land provided on the basis of a decision of the local executive committee for the operation and maintenance of a multi-apartment residential building with built-in non-residential premises and an underground garage. Built-in non-residential premises are actually used to accommodate retail trade facilities (shops). According to Appendix 5 to the Tax Code, which assessment zone does the land plot belong to for the purposes of calculating land tax?

Answer: If the decision indicates as the purpose of providing a land plot “for the operation and maintenance of a multi-apartment residential building with built-in non-residential premises and an underground garage” and does not specify the direction of use of the built-in non-residential premises, then for calculating the land tax the type of assessment zone of that part of the land plot, which falls on the area occupied by built-in non-residential premises, is determined depending on the actual use of these premises, and the remaining parts of the land plot are assigned the type of assessment zone based on the intended purpose established in the decision.

Rationale: The tax base for land tax is determined in the amount of the cadastral value of the land plot or by the area of ​​the land plot <*>.

The cadastral value of a land plot is determined in accordance with the legislation on the protection and use of land and depends on its functional use (type of assessment zone) <*>.

The functional use of a land plot (type of assessment zone) is determined in accordance with Appendix 5 to the Tax Code on the basis of the intended purpose of this plot established by the local executive committee <*>.

The local executive committee establishes the intended purpose of the land plot, as a rule, in the decision on its provision <*>.

In practice, there are cases when, by decision of the local executive committee, one land plot is provided, but several target areas for the use of such a land plot or the objects located on it are established. In such a situation, a single plot of land can be conditionally divided into parts for the purpose of determining the tax base of land tax, each of which will be assigned to different types of assessment zones.

In sub. 5.3 art. 240 of the Tax Code describes the procedure for determining the tax base of land tax in relation to a land plot provided for several purposes that correspond to different types of functional use of land plots.

In the situation described in the question, the land plot is provided for the operation and maintenance of a multi-apartment residential building with built-in non-residential premises and an underground garage. Based on the purposes of providing the land, its use occurs in three directions:

1) for the placement of multi-apartment residential buildings (in accordance with Appendix 5 to the Tax Code it refers to a residential multi-apartment zone);

2) for the placement of retail trade facilities (in accordance with Appendix 5 to the Tax Code, it belongs to the public and business zone).

Since, guided by the information contained in the decision to provide a land plot, it is impossible to draw a conclusion about what the built-in non-residential premises of an apartment building are used for, we believe that the purpose of providing the land plot in the part attributable to such built-in non-residential premises should be determined taking into account their actual use;

3) for placing garages <*>.

It can be concluded that for the purposes of calculating land tax, part of the land plot belongs to the residential multi-apartment zone, and part to the public and business zone.

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