The inclusion of agricultural land plots within the boundaries of a populated area with the simultaneous establishment or change of the type of permitted use for individual housing construction is possible.

The concept of the intended purpose of a plot of land

Russian legislation understands the intended purpose as determining the legal status of land to permit or prohibit the implementation of certain types of activities on it. The categories and types of permitted use are established by the Land Code of the Russian Federation, and the specifics of implementing such division in practice are regulated by federal laws and regulations.

Currently, the domestic legal system contains the division of lands according to the intended purpose of the following categories:

Agricultural land;
Lands of populated areas;
Land for special purposes (industry, energy, transport, etc.);
Lands of specially protected natural areas;
Forest fund lands;
Water fund lands;
Reserve lands.

Each category of land corresponds to specific types of permitted use and prohibitions on certain activities. The concept of a specific category of land determines the list of types of permitted use, therefore changing the purpose of a site (type of permitted use) can occur in two ways:

With the transfer of a site from one category to another;
Without transferring the site to another category.

Changing the purpose of a land plot. step-by-step instructions – According to the law

Plots of land directly owned by the state, used or owned by citizens are divided according to their intended purpose into separate types.

These categories are provided for by Russian legislation and have seven main types.

Each of them must be registered with the state cadastral register, which is carried out at the Rosreestr institution.

Land that is on the balance sheet of the state cannot be sold, rented or purchased.

However, referring to current legislative norms, its types can be changed according to their intended purpose or the plots can be transferred to the municipality.

In addition, territories tend to be liquidated and formed into new ones, by combining several into one or dividing one into several separate ones.

In general, on the territory of Russia, the categories of land fund are as follows:

Land of agricultural significance;
Forest and water fund;
Industrial areas;
Plots of residential significance and for individual housing construction;
Areas of specially protected significance;
Lands in reserve;
Objects of common shared ownership.

Our articles talk about typical ways to resolve legal issues, but each case is unique. If you want to find out how to solve your specific problem, please contact the online consultant form on the right →

If you want to find out how to solve your particular problem, call us by phone. It's fast and free!

Step by step procedure

When wondering how to change the intended purpose of a land plot, it is worth noting that such a transfer is carried out by local governments.

They are in charge of not only municipal, but also private property, with the exception of agricultural properties. The latter, as well as the territories owned by the constituent entities, are dealt with by the executive bodies of the Russian Federation.

Changing a state-owned land plot to another category is completely the prerogative of the government.

Step-by-step procedure for changing the category of a land plot:

An application with a list of necessary documents is submitted to one of the responsible bodies specified above, depending on the type of real estate;
The request is considered by a specially assembled commission;
Familiarization of the applicant with the decision of the commission;
Upon approval, all required adjustments are made to cadastral documents and the state database;
If refused, the decision can be challenged in court.

Submitting an application

Regardless of which category the real estate belongs to, at the time of filing an application for its transfer to another industry, it is necessary to correctly draw up an appropriate application for this. This document must contain the following items:

What category does the territory currently belong to?
What category does the owner want to change the object to?
Land plot number according to the cadastre;
Reasons for changing the category;
List of attached documents.

An application to change the intended purpose of a land plot will be considered only if it contains compelling reasons and reasons for changing the category with a detailed explanation.

A detailed explanation should include:

Documents that confirm that after the transfer the land will not be exploited contrary to current legislation;
Layouts of future construction projects, if any are planned;
The results of the examination confirming that changing the category of this land plot will not cause harm to the environment;
Documents from other authorities with permission for translation;
Other papers, with links to current legislation.

Collection of documents

Having determined a sufficient number of reasons to change the category of a land plot to another group, you should begin collecting the necessary documents. The owner will need to submit the following papers:

A copy of the passport of a Russian citizen and a copy of the identification code (for legal entities you will need a certificate from the state register);
Title documents;
Information on the transferred object from the cadastral database;
Extract from the Unified State Register;
Results of environmental assessment;
Written consent of the owner of the land plot to transfer it to another category.

When considering a request, the commission has the right to refuse a transfer for the following reasons:

Legislative restrictions and prohibitions;
Identification of inconsistencies between the land plot and information in documents;
Negative response from environmental audit due to non-compliance with standards.

If the answer is positive, you will need to pay the costs of making all the required changes to the cadastral documents and database. All other financial costs associated with the transfer of a land plot to another category, which is carried out by government agencies, are also paid by its owner.

In addition to good reasons for refusing to change the group of a land plot to another category, the commission has the right to completely refuse to consider the application.

This situation may arise if it is filed by a citizen or other person who does not have the right to do so. By the way, only the owner who is a citizen of Russia has the right to submit a request.

An application may also be rejected if an incomplete package of documents is submitted or if they are completed incorrectly.

In case of refusal, the papers submitted by him are returned to the owner within thirty days. In general, the commission is given three months to make a decision, after which the owner must be notified of the decision within no more than two weeks.

It depends on which group the object currently belongs to.

You can find out exactly what is required for each individual case by contacting your local government, which will tell you whose jurisdiction this or that object is under and what will need to be prepared.

We suggest you read: How to search for land plots

Our articles talk about typical ways to resolve legal issues, but each case is unique. If you want to find out how to solve your particular problem, please contact the online consultant form.

Give your rating:(: 2, average score: 5.00

All lands under the jurisdiction of regional authorities may be used only in accordance with their intended use. Land departments of local administrative bodies or city land management departments have a list in which each category of land differs by type or purpose of its use, in accordance with established codes (ciphers).

Which type should I choose? Read our articles and choose what suits you!

So how can you change the purpose of a plot of land? To understand how to change the category of a land plot, first let’s look at the conditions.

A change in the intended purpose of land plots is carried out subject to:

a reasoned and convincing justification for the owner of the land plot, set out in an application submitted to the executive committee addressed to the head of the administration.
Acceptance of an application by an authorized person to consider the issue at a public hearing.
Making a positive decision on the issue by the authorized administrative commission.

Statement

The application must indicate the cadastral and technical characteristics of the land plot, as well as its location and form of ownership. If the land is not owned by the interested party, the request will be rejected and not accepted for consideration.

As arguments that should convince the administrative commission to make a positive decision on the issue, the following should be indicated:

category of land and intended purpose of the land plot to which the allotment belongs at a given time.
To what category does the applicant plan to replace the current intended purpose of the memory?
Motivating reasons requiring replacement. Obvious advantages for the applicant if the required permission is obtained. No negative side effects for the locality or third parties. If there are positive effects for them, indicate them.
Provide a list of attached documents.

Legal significance of establishing types of permitted use

Since the category of land determines the list of available and permitted types of activities, the legislative establishment of types of land use contributes to the rational and efficient use of this unique natural resource. The owner of a plot of land is obliged to comply with the established permitted types of use.

Violation of the rules for permitted use of land entails prosecution in accordance with the law with compensation for damage caused by such use. In some cases, violation of the permitted type of land use can lead to the removal of a site from the legal ownership of the subject.

Procedure for changing the purpose of a land plot

Changing the purpose of a site (type of permitted use) can occur in two ways:

With the transfer of a site from one category to another;
Without transferring the site to another category.

In case of transfer to another category, the site can receive any type of permitted use. When the category of land changes, the list of permitted types of use also changes.

If a change in the purpose of a plot of land is not accompanied by a change in the category of land, the types of permitted use can only change within the same category. At the same time, the types of use change in accordance with the territorial planning schemes of municipal districts, master plans of settlements (districts and settlements), and urban planning regulations.

When is it possible to change the purpose of a land plot?

The main question: what law regulates this action and everything connected with it? It is important to understand some subtleties here.

You can often come across the statement that changing the purpose of land use is easy, much easier than assigning a different land category. How true is this? In fact, it is absolutely false. It is enough to read the 7th article of the Land Code of the Russian Federation. It states: the determination of land category is carried out according to its intended purpose.

We conclude: the purpose of this or that land is the principle by which the land category is determined. The next logical conclusion: to change the intended purpose, a change in membership in one of the seven categories is necessary.

An important point: there is no direct mention of changing the intended purpose of the land plot anywhere. This fact is implied when a certain area transitions from one category to another. The change of land categories is “commanded” by the Federal Law, adopted on December 21, 2004 and numbered 172-FZ.

Next, we will tell you how to change the purpose of a land plot.

Who makes the final decision on changing the intended use of land?

An application to change the type of permitted use is sent to the local government body, which is obliged to hold public hearings on this issue with the participation of citizens living within the territorial zones where this site is located. Public hearings are held on the basis of federal legislation and local regulations of the municipality.

Taking into account the proposals and comments received as a result of public hearings, the head of the municipality makes a decision to change the type of permitted use of the site or to refuse the application.

Changing the purpose of land

Specialists provide a wide range of services to change the purpose of land plots. We will not only prepare the necessary package of documents to change the intended purpose of the plot, but also provide comprehensive support for the process of changing the purpose of the land plot both in the city of Moscow and in any districts of the Moscow region. Regardless of the reason for which you want to change the category or type of permitted use of a land plot, the general rule remains the same - any actions are consistent with the state, municipal body, or subject of the Russian Federation. We will perform all necessary actions to change the type or category of the requested land plot and draw up title documents with amendments to the Unified State Register and cadastral registration. 5.1. Changing the type of permitted use of a land plot The type of permitted use of a land plot is one of its most important characteristics, since, together with the intended purpose (category) of the lands on which the land plot is formed, it determines its legal regime, which determines how the land plot is provided to users, how it can be used and within what limits it can be disposed of. We provide the following services: 1) We determine whether there are grounds for changing the type of permitted use, and also check whether the change in the type of permitted use of the land plot will not violate documents such as: - urban planning regulations; — territorial planning schemes for municipal districts; — general plans of populated areas, settlements, urban districts. 2) We prepare a package of documents with an application to change the type of permitted use, which are sent to local governments. 3) Organize public hearings (this stage does not always occur). 4) We receive a resolution to change the type of permitted use. 5) We issue a cadastral passport and a certificate for a plot with a changed type of permitted use. 5.2. Changing the category of a land plot 1) Formation of a title package of documents for a land plot (including obtaining a cadastral extract for a land plot, a notarized copy of the certificate of ownership of a land plot, etc.) 2) Obtaining a positive conclusion from the property relations committee 3) Submitting an application to the government of the Moscow region 4) Receiving an order from the Government of the Moscow region to change the category of a land plot 5) Registration of a cadastral passport and a certificate of ownership of a land plot with a changed category.