Article updated: December 20, 2021
Mitrofanova SvetlanaLawyer. Work experience - 15 years
Hello. To find out from a land plot its type of permitted use (AUR) and category of land, you need to use the public cadastral map of Rosreestr or look at its documents.
For reference, all types of land categories are listed in clause 1 of the Land Code of the Russian Federation, Article 7. Composition of lands in the Russian Federation, and all names of land reserves are in this classifier (left column).
Methods:
- We look at the public cadastral map of Rosreestr
- We look in the documents
We look at the public cadastral map of Rosreestr
- Follow the link - Public cadastral map of Rosreestr . The site often slows down, please wait for it to load.
- You can find the desired area in 3 ways:
- 1. Using the cadastral number of the plot. At the top left, enter the cadastral number of the plot and below click on the proposed number.
- 2. Using the address. Enter the site address and click on the suggested address below.
- 3. On the map itself using navigation. You can zoom in and out of the map using the buttons at the bottom right of the screen or the “wheel” on the mouse. The “+” button brings the map closer, the “-” button zooms out. Once you find the area you want, click on it. If the plot is not displayed on the map, most likely: 1) it is not in the cadastral register or 2) it is in the cadastral register, but its boundaries are not defined. In this case, the VRI and category of land can be found in the documents.
- Scroll down VRI is shown in the “Permitted use” line.
A small digression - if you need a free consultation, write online to the lawyer on the right or call (24 hours a day, seven days a week for all regions of the Russian Federation) Moscow and the region; 8 (812) 425-62-89 — St. Petersburg and region; all regions of the Russian Federation.
Limit sizes of land plot
Article 30 of the Town Planning Code established that the maximum sizes of all plots must be established by local town planning regulations .
That is, the size of the plot is determined at the level of administration to which it belongs. This could be the administration of a rural settlement or the administration of an entire subject of the Russian Federation.
At the same time, on the basis of SNiP, which established the minimum distances from one building to another and the distances from a building to the road, individual housing construction plots with an area of less than 3 acres are not provided .
Local authorities, based on their own capabilities, have the right to increase the minimum plot size.
Thus, in the Leningrad region plots of less than 10 acres are not provided.
In any case, the owner of the plot will not be able to obtain a building permit if the size of the plot is smaller than the minimum established value in the region.
There are no restrictions on maximum dimensions . Local authorities, based on available capabilities, have the right to provide a plot of any size. Thus, the largest plots are provided in the Moscow region - up to 30 acres.
The minimum and maximum sizes apply only when allocated by local authorities.
An individual or legal entity can buy several plots at the same time and combine them into one if technically possible (if the plots are located next to each other and if they all have the same VRI).
Among other things, the local administration may make a note in the town planning regulations that the minimum and maximum sizes are not subject to determination. In this case, the size of a specific plot is determined when it is sold (transferred, allocated) to a specific person.
Read more about size limits in another article.
Individual housing construction
The VRI classifier determined that on a site for individual housing construction it is possible to build:
- A house with no more than three floors , excluding basements. The house can only be single-family (for no more than one family).
- Garage intended for individual use by the owner of the site and (or) members of his family.
- Other utility and utility rooms . This means a pantry, summer kitchen, etc.
Read more about what can be built on the site in this article.
Actual use of real estate
Recently, the concept of surveying the actual use of real estate has been heard in court decisions in cases of exclusion of real estate from the List of objects for which the tax base is determined as the cadastral value in accordance with Art. 378.2 of the Tax Code of the Russian Federation (hereinafter referred to as the List). What is it: “a survey to determine the actual use of real estate and who has the right to conduct it.” Every year, the authorized body in the field of state property management, which approves lists of real estate objects for which the tax base is determined as the cadastral value in accordance with Art. 378.2 of the Tax Code of the Russian Federation (List), must conduct surveys of real estate properties that, in their opinion, should be included in the List. Surveys of real estate objects should also be carried out if, according to information from Rosreestr and the technical passport, it is impossible to unambiguously determine the type of use of the object for locating offices, public catering facilities and consumer services. The Constitutional Court of the Russian Federation set out a similar position in its ruling dated November 12, 2021. An example from recent judicial practice: the List included a non-residential building (name according to the technical passport “Non-residential building - multifunctional center”), located on a land plot with the type of permitted use: “For road service facilities, for objects of public and business importance.” The court pointed out that this information was not enough; an inspection of the property to establish the type of actual use was not carried out. Based on these data, the court satisfied the administrative claim and declared the inclusion of the building in the List unjustified. Also, in the last year, the practice has changed due to the fact that the owners of capital construction projects “save” and do not bring their technical documents for real estate objects into line, namely: they do not bring the type of permitted use of their objects into line with their actual use. By a court decision in 2021, the property was excluded from the List. However, in 2021 this facility was again included in the List. The owner filed an administrative claim in court to remove the property from the List. However, the court refused to satisfy his claims due to the fact that, according to the technical passport drawn up in 2002, the non-residential building has a “Bar” purpose. Despite the fact that the building is not operated as a “Bar” and is used as storage space, the court rejected the claim. We believe that owners of real estate objects need to promptly bring technical documentation for objects into line with their actual use and, if, after all, your real estate object was unreasonably included in the List, protect their violated rights.
Do I need to obtain permission to build a building?
Article 51 of the Town Planning Code determines that the developer is required to obtain permission to build a residential building.
To do this, he must provide the local administration with:
- Documents confirming the ownership of the site;
- Urban development plan of the plot being built;
- Planned layout of the site.
Paragraph 10 of the same article of the Civil Code of the Russian Federation determined that no one can require other documents to issue a permit .
In practice, this means that an architectural project does not need to be drawn up at this stage.
But in the future the project will be needed for gas wiring, drawing up a technical passport, etc.
Paragraph 17 of the same article determined that permission is not required if:
- Construction of a garage, if such a garage is not intended for business activities (for example, for painting cars).
- Construction of non-permanent structures (structures without a foundation). This refers to kiosks, greenhouses, temporary buildings, etc.
- Construction of objects permitted for construction by an auxiliary type of possible use of land.
- Reconstruction and major repairs of any structures, if the changes made do not affect the design features of such a structure.
- Creation of boreholes.
All this means that it is necessary to obtain a building permit only when constructing a residential building. When constructing other related facilities on the site, permission is not required.
Plot of land for dacha farming
When buying land
the first thing you need to pay attention to is the category of land and the type of permitted use. These two parameters will determine what needs the land can be used for: farming, gardening, building a house, a summer cottage, industrial real estate, etc.
The question arises: “What does the category of land mean: agricultural land, and also for what needs can a plot of land be used for dacha farming?”
Specialists of the Landberry company, which sells land plots in cottage villages in the Leningrad region, are well versed in Russian land legislation. They will talk about whether it is possible to build residential buildings with the right to register residence on a land plot for dacha farming.
Let's start with the fact that we need to distinguish between the concepts of “category of land” and “type of permitted use”. Let us explain using the example of land plots in the “Zolotaya Sotka” cottage village. Land category of these plots: agricultural land.
Type of permitted use: for dacha farming. What does it mean?
Paragraph 4, Article 1 of the Federal Law “On gardening, vegetable gardening and dacha non-profit associations of citizens” states that “a dacha land plot is a land plot provided to a citizen or acquired by him for recreational purposes (with the right to erect a residential building without the right to register residence in it or a residential building with the right to register residence in it, economic buildings and structures, as well as the right to grow fruit, berries, vegetables, melons or other agricultural crops and potatoes.”
Many potential buyers are worried that a plot of land for dacha farming
, classified as agricultural land, will fall under special control.
We hasten to dispel these fears. Paragraph 2, Article 1 of the Federal Law “On the turnover of agricultural lands” states: “the effect of this law does not apply to land plots provided from agricultural lands to citizens for individual housing, garage construction, personal subsidiary and dacha farming, gardening, livestock breeding and gardening, as well as land plots occupied by buildings, structures, and structures. The turnover of these land plots is regulated by the Land Code of the Russian Federation.”
BASED ON ALL OF THE ABOVE, THE CONCLUSION FOLLOWS THAT THE LAND FOR CULTIVATION FARMING ALLOWS:
- Build housing with the right to register
residence in it, as well as other structures and outbuildings; - Construction of housing on a land plot
for dacha farming is possible both individually and with the participation of non-profit associations of citizens such as partnerships, cooperatives or other forms of partnership
There is no need to change the category of land if it relates to agricultural land. It is enough that the type of permitted use is for dacha farming. This will not only save nerves, effort and money on re-registration, but will also significantly reduce the cost of maintaining such land, because the land tax rate on a land plot for dacha farming is much lower. That is why such areas are the most attractive in investment terms.
