How to change the type of permitted use of a land plot in the Moscow region

How to change the type of permitted use of a land plot in the Moscow region

Type of permitted use (AUR) is an individual characteristic of a land plot. It determines the way it is used, that is, the type of activity that can be carried out on it. How to change the type of permitted use or set it, read the material on the mosreg.ru portal.

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Types of permitted use

Aerial photography of lands

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According to the Minister of Property Relations of the Moscow Region, Vladislav Kogan, there are often situations in the region when residential, country or garden houses stand on land registered according to old documents. The VRI is incorrectly indicated in them, and the placement of a capital construction project on such land is not provided. In this case, the owner needs to change the VRI to the purpose “For individual housing construction (IHC)”, “Maintaining personal subsidiary plots (LPH)” or “Maintaining gardening”.

The list of all possible types of permitted use is given in the VRI classifier, approved by Order of the Ministry of Economic Development of Russia dated September 1, 2014 No. 540.

Types of permitted use are basic, auxiliary and conditionally permitted. An auxiliary view can only be selected in addition to the main or conditionally permitted one. You cannot install it instead of the main one.

The main and auxiliary uses of the site can be established or changed independently without additional permits and approvals (if this does not contradict the rules of land use and development). To do this, you need to contact the Rosreestr Office and enter information about establishing or changing the VRI into the Unified State Register of Real Estate.

It is possible to establish a conditionally permitted type of use as part of a public service provided by the Committee for Architecture and Urban Planning of the Moscow Region. The order of the Head of Architecture of the Moscow Region to grant permission for a conditionally permitted type of use of a land plot is adopted taking into account the rules of land use and development (PLR), as well as the results of public discussions or public hearings.

If you need to change the type of use to one not provided for by the town planning regulations, you will have to contact a special commission to amend the PZZ.

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When you can’t change VRI

Land Code of the Russian Federation

Source: Photobank of the Moscow region

It is impossible to change the VRI:

- at the request of the tenant - if the lease agreement for a plot of land owned by the state (municipal) is concluded at auction;

- to the tenant independently - if the site is leased for a specific type of use;

- if the town planning regulations and the PZZ for the requested type of use establish maximum dimensions and parameters that do not allow activities to be carried out in accordance with this VRI.

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Where to apply to change the VRI

An application to change the VRI is submitted to Rosreestr through any MFC in the Moscow region.

Establishing compliance of the VRI with the classifier

A girl at a computer with a calculator checks calculations

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If the existing type of permitted use does not correspond to the current VRI classifier, approved by Order of the Ministry of Economic Development of Russia dated September 1, 2014 No. 540, the owner of the land plot can apply for a government service and establish compliance of the existing VRI with the classifier. In this case, the VRI is established for the land plot according to the classifier, which in meaning and content corresponds to the existing one.

If the requested VRI does not correspond in meaning and content to the existing VRI, it is necessary to apply for its amendment to Rosreestr.

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How to match a classifier

Work of the Multifunctional Center for the Provision of State and Municipal Services

Source: Photobank of the Moscow region, Roman Vartsev

The service of establishing compliance of the type of permitted use of a land plot with the classifier can be used by the legal holders of the land plot - owners, land users, landowners and tenants of land plots. You can get it through the regional portal of state and municipal services.

For residents who do not have access to the Internet, access to the portal is organized in the offices of the MFC.

If you apply online, fill out the application and attach documents electronically. The list of required documents can be found on the services page on the RPGU.

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Procedure and terms of service provision

Mosoblarkhitektura processed more than 200 documents for approval of general plans and PPZ in 2021

Source: Committee for Architecture and Urban Planning of the Moscow Region

Consideration of the application may take up to 13 business days, after which the response will be sent to the applicant’s personal account at the RPGU. Additionally, the result of the public service can be obtained at the MFC, where it will be printed and certified with the signature of an authorized employee and the seal of the MFC.

Information about the stage of consideration of the application is also sent to your personal account or by email.

In addition, the applicant can independently obtain information about the readiness of the result of the provision of public services by calling the call center for the population of the Moscow region 8 (800) 550-50-30 or through the RPGU service “Find out the status of the application.”

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Fee for changing VRI

Ruble banknotes and coins.

Source: Photobank of the Moscow region, Alexander Kozhokhin

In cases provided for by law, the applicant is obliged to pay the full fee for changing the VRI within thirty days from the date of receipt of the relevant notification from the Ministry of Property Relations of the Moscow Region. A fee is charged if the VRI is changed to a type that provides for residential construction.

Establishing compliance of the VRI with the classifier of types of permitted use of land plots is free of charge.

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Change of purpose (CN)

I will immediately warn you that it is impossible to change the purpose of a land plot that has the status of a protected area or GosZemZapasa.

How to change agricultural land to residential land

You can count on transferring land from agricultural use to individual housing construction only if the land plot is located near the borders of the settlement or may soon become part of it.

The transfer of agricultural land to another category should begin by submitting an application to the local administration, where the need for changes should be described in detail and with reason. The petition is considered in public hearings within a month. If the administration makes a positive decision, new information is entered into the cadastral plan of the site.

The following are attached to the application:

1. Cadastral passport;
2. Copy of the owner's passport;
3. Extract from the Unified State Register of Real Estate confirming the right of ownership of the land plot.

How to change forest lands to industrial lands

The legislative regulation of the transfer of Forest Fund land plots to another category is enshrined in the Federal Law “On the transfer of lands or land plots from one category to another” dated December 21, 2004 N 172-FZ, as amended on July 29, 2017. Please note Art. 11 of the above-mentioned Federal Law, which establishes the conditions and features of the transfer of forest fund lands occupied by protective forests, or land plots as part of such lands, into lands of other categories. Article 11 of the Law provides an exhaustive list of grounds for changing the designated purpose of forest fund lands, and also defines the conditions under which these grounds can be implemented.

How to change recreational lands to populated areas

Changing recreational lands, for example, a water protection zone, is problematic, but not impossible, since territories classified as recreational and not recognized as specially protected can be transferred to the category of settlement lands and used for individual housing construction.

Who can change?

All actions, both on the part of the applicant and on the part of government bodies, are justified by law, carried out within the framework of the law, on the basis of adopted decisions.

Whether it is possible to change the category of land is determined by the commission; the following have the right to make changes:

1. Owners of land plots upon presentation of documents confirming ownership ( Certificate from the Unified State Register of Real ).
2. Authorized persons of local government bodies.
3. Owners of buildings located on a land plot.

Users of underground resources have the right; the specific territory is taken into account.