How to change the type of permitted use of a land plot by the owner

You need to find out the status of land ownership before purchasing it. In this way, you can find out in advance how this property can be exploited and eliminate possible violations in the field of land use.

It is important to understand that the legislation provides for the possibility of carrying out special procedures to change the established status of a site to the desired one. To do this, we should consider this issue in more detail.

What is VRI of the earth?

When allocating land plots to users, some restrictions on their use are introduced. They are determined depending on the location of the plots, soil characteristics, the specifics of nearby objects and other factors. In the process of determining land use types, the following points are taken into account:

Land owners or tenants do not have the right to change the VRI, since this is the prerogative of the relevant municipal departments.
The types of disposal of land property and the conditions for their change are specified in the rules of land use and development. The latter are approved by government agencies without fail.
If a specific land plot is subject to the requirements of the PZZ, then changing the VRI is permitted without public hearings or additional permits.

There are such types of use of plots: main, auxiliary, conditionally permitted. The first two can be changed without any approval from the authorized bodies. The third provides the opportunity to build or engage in some activity only if certain conditions are met. Since, along with a change in the VRI of a land plot, the requirements for the land user are adjusted, this procedure includes coordination, hearing, and correction of the PZZ.

The procedure for changing the VRI of any land plot depends on what type it belongs to: main, auxiliary or conditionally permitted Source oprave.com

Who can change the type of permitted use of a land plot?

According to the Land Code of the Russian Federation, the decision to change the VRI is made by the local or regional administration. In large cities, special departments are created for this purpose, which consider requests from landowners. You can find out about the presence of such departments on municipal websites. For example, in Moscow, the Department of City Property is responsible for resolving such land issues. Moreover, information about the procedure itself is provided on the institution’s website.

If you plan to change the auxiliary or main type of permitting use of the plot, which is subject to the requirements of the PPL and regulations, then the application should be submitted to Rosreestr. The further procedure consists only of changing the information data. After its completion, the applicant is issued an extract from the Unified State Register of Real Estate indicating the new type of land use.

The Land Code of the Russian Federation states that the decision to change the permitted use of a site is made by a local or regional authority Source kizo-podolsk.ru

Drawing up an application

Based on the ownership of the land plot, an application to change the category should be sent to the body authorized to make decisions on changing categories at the federal, regional or municipal level.

The application is drawn up in free form, and the following information must be indicated:

cadastral number of the land plot;
on the basis of which the person submitting the application owns and uses this land plot;
what category does the applicant belong to and what category does the applicant request to transfer the land plot to?
justification for transfer from one category to another.

The application is accompanied by title documentation for the land plot. The application is sealed with the citizen’s handwritten signature with a transcript and indicating the date of signing.

ATTENTION! Look at the completed sample application for transfer of land to another category:

What documents are required to change the VRI?

To make sure that it is possible to change the VRI of a land plot, you should study the provisions of the PZZ of the city or region, find out the current type of land use, existing restrictions and prohibitions.

List of documents:

passport or registration documentation of a legal entity (owner, tenant);
application (be sure to indicate the purpose of changing the VRI, justify the request);
documents confirming the title to the land (USRN extract, lease agreement, certificate, resolution);
GPZU containing detailed information about the land allotment.

The authorized body may request some documents (for example, information from the State Register) independently, so the applicant is not required to submit them.

To successfully change the VRI of a land plot, it is important to collect a package of necessary documents and submit them to the authorized body along with an application Source ramenskoye.ru

Timeframe for making a decision

If the application is sent to the municipal level body authorized to make a decision on changing the category, then 2 months are given to consider this application on its merits and make a decision.

If the application is sent to the federal or regional body authorized to make a decision on changing the category, then 3 months are given to consider this application on its merits and make a decision.

If the decision turns out to be positive for the applicant, then upon its adoption, an act is drawn up on transferring the land plot to the category requested by the applicant.

General procedure for changing the VRI of a separate land plot

The standard sequence of actions for changing the permitted use of land:

Write an application addressed to the head of the authorized government agency to change one VRI to another. It is extremely important to explain in detail the need for such a procedure.
Collect a package of documents specified in the law (passport, title documents for land real estate, GPZU).
Obtain written permission or refusal to change the VRI of the allotment. A negative answer can be appealed in court.
Wait 15 days. During this time, the administration sends the relevant documentation to the State Register, where the information is changed.
If, after the expiration of the period established by law, the information in the register has not been updated, you should independently send a declaration to the department to complete the procedure for changing the VRI.

Attention! If there is any capital structure located on the property, then its functional purpose must first be changed so that it corresponds to the new purpose of using the allotment.

According to the Land Code of the Russian Federation, there are several types of land plots, each of them is intended for use for a specific purpose Source rayon72.ru

Where to begin

Remember! Based on the norms of the current legislation of the Russian Federation, a person who decides to initiate the process of changing the category of a land plot will need to go through the following steps:

carrying out land surveying;
preparation of a package of documentation;
submitting an application to the body authorized to make a decision on changing the category;
receiving a response from the above authority.

If a decision has been made to transfer a land plot to another category, information about the change in category is entered into the Unified State Register of Real Estate.

ATTENTION! Look at the completed sample application for land surveying:

Land tax for individuals in 2021.

How to draw up an additional agreement to a land purchase and sale agreement, read here.

How to register country houses in SNT, read the link:

How to re-register land from individual housing construction to multi-apartment housing

If the owner of the plot intends to change the main VRI to a conditionally permitted one, the sequence of granting consent to the last type of land use is applied. In such a case, you need to send an application to the Department of Land Relations. The following list of documents must be attached to it:

I put my passport on;
documents of title to the site or a decision of an authorized government agency to approve the future location of the building;
certificate of ownership of the construction project;
topographic map of the locality, which indicates the boundaries of the site;
plan of a land property with coordinates of boundary points;
document confirming the identity of the landowner (passport, certificate of state registration of an individual or legal entity);
sanitary and epidemiological conclusion.

Subsequently, a public hearing is held (with the participation of neighbors), and after half a month a resolution is issued on the results. Based on the latter, the commission sends recommendations to the municipal administration, which allows or denies the submitted petition.

A plot of land intended for individual housing construction cannot be used for the construction of an apartment building Source zastroyschiki39.ru

What are the categories of land?

Attention! Based on the norms enshrined in Article 7 of the Land Code of the Russian Federation, all land of the Russian Federation is divided into the following categories:

industrial. Land in this category includes land plots used for organizing production facilities, transport infrastructure, for the needs of defense and state security, for space, scientific and other special activities;
lands of populated areas. Land plots belonging to this category, as the name implies, are used for the development and construction of various settlements;
agricultural land. Land in this category includes land plots located outside populated areas and used for organizing agricultural production. This category includes land plots occupied by arable land and hayfields, pastures and forest protection belts, reservoirs in which fish are grown, as well as land plots for individual gardening and vegetable gardening;
water fund lands. This category of land includes land plots on which various hydraulic structures are located, as well as water bodies, with the exception of reservoirs used for growing fish;
forest fund lands. This category of land includes land plots covered with forest vegetation, as well as those intended for restoration of forest vegetation;
lands of specially protected areas and objects. This category of land includes land plots that have increased historical, environmental, scientific or other significance;
reserve lands. This category of land includes land plots that are in state or municipal ownership, which are not transferred to the ownership of legal entities or individuals.

Is it possible to change the VRI of an agricultural land plot?

Certain territories are intended exclusively for agriculture, various related industries, planting protective forests, and research purposes. Town planning regulations are not established for such lands; their application is determined by regulations.

In Russia, agricultural land is of particular value and must be preserved. Construction work on them is prohibited. Changing the VRI of land plots unclaimed in agriculture is permitted after their transfer to another category, which is allowed in exceptional cases: if there is a need for forced placement of any objects, loss of land fertility.

You cannot just build a residential building or any other structure on agricultural land Source kbti.com.ua

How to change the VRI of land in lease

As a rule, it is difficult to change the permitted use of a leased area. This is due to the following nuance: in the legal relationship of replacement, the tenant and the owner of the plot simultaneously act. Sometimes the lease agreement initially provides for a ban on any change of VRI.

There are cases when an application for the provision of land for lease is written, but the specified purpose does not coincide with the purpose of this territory. To change the permitted use of a land plot, you need to discuss this possibility with the owner. If he does not object, then you must take written permission from him. It must be provided to the relevant authorities along with a standard package of documents.

A change in the permitted use of a land plot is necessary if the previously approved type does not meet the tenant’s goals Source Kurganinskie-Izvestia.rf

conclusions

According to paragraph 4 of Art. 37 of the Town Planning Code of the Russian Federation, the main and auxiliary types of permitted use of land plots and capital construction projects are chosen by copyright holders (owners of land plots and capital construction projects) independently.
A person who wants to change the VRI of a land plot applies to the local MFC with an application to change the VRI of a land plot and attaches a set of documents certifying his rights to this land plot.
If the territorial zone according to the PZZ of your locality assumes that the applicant is applying for a change as the main or auxiliary VRI, then changes are made to the Unified State Register of Real Estate. If it does not, the applicant will be refused.
After changing the VRI of a land plot, its cadastral value will change. The cadastral value is established depending on the central value and VRI of the land plot, and is calculated on the basis of a mass cadastral valuation carried out no more than once every 5 years and is updated based on the correction factor established by the government of your region.