Individual housing construction involves the construction of permanent buildings on land and their use exclusively for the residence of members of one family.
If you want to use the site for business purposes, you will need to change its type of permitted use.
Exploitation of an allotment other than for its intended purpose is a violation of land laws .
For what types of activities is it necessary to change the VRI?
The most suitable for construction activities within the boundaries of populated areas VRI “For individual housing construction” cannot be used to make a profit. At the same time, the size of the plot may allow the placement of not only a residential building, but also a commercial facility.
Shop
Depending on the size of the future retail facility, two scenarios are possible:
- Dividing the individual housing construction site into two parts, one of which receives the VRI “Entrepreneurship” subsection “Shops”.
- Transfer of the entire plot for entrepreneurial use.
The newly assigned type of use allows the construction of retail facilities with an area of up to 5000 m2 .
Hotel
Construction of a hotel on the lands of populated areas requires obtaining a permit for construction work .
VRI "Individual Housing Construction" at the selected construction site will be the reason for refusal to issue the required document.
As in the previous case, you can change the VRI for part of the land mass for individual housing construction or assign a commercial purpose to the entire plot.
According to the current classifier, the possibility of changing the VRI of the site to another corresponding to code 4.7 “Hotel services” .
Car wash
Regardless of what type of washing unit you are going to install - a permanent one, or a modular, prefabricated one, you cannot do without changing the VRI section. It will be very difficult to prove to the controlling structures that the use of the constructed facility is intended exclusively for their own needs.
Assignment of permitted use 4.9 “Vehicle Maintenance” will allow placing on the ground not only car washes, but also other related facilities:
- Garage and parking lot.
- Gas station.
- Tire service and auto parts store.
Shopping and entertainment center
The plot for individual housing construction has limited dimensions, so it will not be possible to place a full-fledged shopping and entertainment complex on it. The minimum requirements for such a facility are a building area of 5000 m2 .
In addition, it will be necessary to provide a garage or parking for cars of the center's employees and its visitors. If all this can be arranged on your site, begin the procedure of changing the VRI of the land to code 4.2 “Shopping centers”.
Other objects
, the following commercial facilities can be built on the lands of settlements :
- Offices of production, trade, banking structures - subsection 4.1 of the Classifier.
- Markets, weekend fairs, trading platforms - code 4.3.
- Cafes and restaurants, snack bars and canteens – code 4.6.
- Children's attractions - code 4.8.
Before starting the procedure for changing the VRI, evaluate the size of the site for compliance with the planned purposes .
The lack of land to organize minimal services for a commercial facility can negatively affect its profitability.
Organization of car service
To resolve this issue, it is necessary to study the features of the area where the land plot is located. If environmental conditions allow a change in the permitted use of a given territory in a simplified procedure, this issue will be dealt with by the cadastral chamber. If the zone does not include an item on locating car services, you will have to change its appearance.
The current rules of state land use contain appropriate recommendations for the implementation of these activities.
Possibility and conditions of transfer
The issue of transferring land from individual housing construction to a commercial purpose of use is regulated by Article 37 of the Civil Code of the Russian Federation, Order of the Ministry of Economic Development of the Russian Federation No. 540, as well as regulations of municipalities.
The legal status of a land plot is determined according to its belonging to any category in accordance with the zoning of the territory. Since the district's environmental protection zone and urban planning plans are developed and approved by local government bodies (settlement administrations), it is there that you need to find out about the possibility of changing the purpose of the land.
The Town Planning Code of the Russian Federation guarantees the opportunity for each citizen to independently choose the land plot , but it must be taken into account that in some cases public hearings will be required.
According to current legislation, the same plot of land can have a main type of use, as well as conditionally permitted and auxiliary use. If your property, in addition to the main VRI “Individual Housing Construction”, has business purposes provided for by law, then changing the permitted use of the land is greatly simplified.
Land categories
The entire land fund of Russia is divided into several categories. The main ones are:
- areas allocated for agricultural needs;
- land for settlement on which construction of residential facilities is permitted;
- areas allocated for objects of special importance;
- forest and water areas;
- reserve fund (owned by the state and cannot be used by individuals or legal entities);
- lands for special purposes (set aside for security and defense facilities, television and radio broadcasting, transport, industry, etc.).
Such distribution into categories is necessary for effective control of the use of territories and minimizing the loss of land properties.
The category of a land plot is the most important classifier, which reflects the legal status of land use. The type of plot is determined according to the land use rules established by the municipality.
For housing construction, 2 categories can be used:
- lands of populated areas;
- agricultural areas.
Individual housing construction (IHC) is a type of permitted use (hereinafter referred to as ARU), which gives the owner the right to build a residential building on the site no higher than 3 above-ground floors.
Procedure
If there is a residential building on the individual housing construction site, in which further residence is not planned, first of all it is necessary to transfer the building to the non-residential category .
In the case where it is planned to divide the plot, as well as maintain the status of a residential premises for the house, land surveying is carried out with the cadastral registration of the resulting parts. Here it should be taken into account that minimum size requirements are imposed on individual housing construction plots.
Read more in the feature article.
When changing to an auxiliary view
If the territory's land plot and technical regulations do not prohibit the assignment of land ownership to a commercial purpose of use, then a declaration is drawn up notifying the Cadastral Chamber of the intention to use the site for new purposes .
An annex to the declaration will be a land survey plan. A copy of the PZZ is sent to the department by the settlement administration when interdepartmental interaction is carried out.
For a conditionally permitted commercial purpose
The structure responsible for receiving applications and making decisions on permission to change the purpose of land use to a conditionally permitted type within the boundaries of a settlement is the settlement administration .
Owners of plots, as well as tenants, have the right to submit a petition to change the VRI of land, provided they have used the plot for more than 5 years . Tenants are required to provide written consent from the land owner.
The head of the administration appoints public hearings, in which all owners of neighboring land plots can take part. During the discussion of proposed changes, people's opinions are clarified and their objections are heard.
As practice shows, most often disagreement is expressed when planning to place on the ground objects that have a negative impact on nature - a car wash, a repair shop, as well as buildings that involve a large gathering of people, due to a possible violation of public order.
The positive decision of the head of administration to change the VRI of the land is sent to the Cadastral Chamber, which records the change in the status of the plot in the State Cadastre .
When it is necessary?
Such a transfer may be needed if the owner of a plot (or an existing building) does not want to use it as a residential building, but wants to open an institution in its place for the purpose of further generating income - a store, a shopping center, a gym...
However, it is worth immediately taking into account that when making such a decision, the administration will be guided not only by its own opinion, but also by the opinion of the neighbors living next to the building/site that is decided to be converted into commercial use.
If the majority of them are not against opening a store, then the decision to change the status will most likely be positive, otherwise it may not be possible to change the category of land.
One should immediately note such an option as changing the purpose not of the entire area of the site, but only of its part. For example, a citizen owns a house and an adjacent garage, in which he wants to open a local car service and thus earn money. In order to start such a business, it is absolutely not necessary to convert all the land into commercial land; it is enough just to change the status of the garage.
And if the decision is positive, then the owner of the site will receive documents with the following status: residential construction + commercial use (in most cases, for a small business, this option will probably be the most optimal).
Reasons for refusal
The refusal to satisfy the request may be appealed in court. But before filing an application with the court, make sure that the refusal was not a consequence of:
- Improper execution of the application.
- Incomplete package of required documents.
- Lack of rights to initiate an administrative procedure.
All these shortcomings can be easily eliminated, after which the application can be resubmitted .
How to register a hotel
Many landowners want to start a hotel business on their plot, which is classified as individual housing construction. To do this, it is necessary to change the type of permitted use of this land plot. You should know that this significantly increases the size of the cadastral value of the occupied territory and the rate of state land tax, respectively.
To make a positive decision, local authorities must also hold mass hearings on this issue.
Cost of transferring land from individual housing construction to commercial
To transfer land territory from individual housing construction to commercial, it is necessary to pay a certain cadastral value. Each region has its own price. It all depends on the local authorities. That is, as a calculation, the coefficient of a certain region is taken, which is multiplied by the number of acres and by the total amount per one hundred square meters.
We invite you to familiarize yourself with the Encumbrance on the apartment owners
The final deadline for changing the intended purpose of the land territory is 30 days after submitting the application and all necessary documents. This can also be done through the electronic services portal.
If you have questions, consult a lawyer
You can ask your question in the form below, in the online consultant window at the bottom right of the screen, or call the numbers (24 hours a day, 7 days a week):
In terms of time, the procedure for transferring land from one type of VRI to another is quite lengthy and can take from several months (at the level of local authorities) to several years (when the status of a land plot of federal significance changes).
But we can say for sure that the applicant will have to pay:
- services of a cadastral authority employee and a regional architect;
- publication of an announcement about the hearing in a local newspaper and information about its results;
- land service services;
- cost of state fees.
So, transferring a land plot from individual housing construction to a commercial form is a rather lengthy and complex procedure. You need to go through several levels of authorities and obtain a number of permits. And you will have to wait quite a long time. But if the owner of the site is a purposeful person, then this process can be carried out.
Documents for allocating a land plot for commercial purposes
Before you start collecting papers, contact the territorial department under whose jurisdiction the territory in which the land is located falls. This is a prerequisite for starting the process of obtaining permission to transfer land.
After receiving permission, along with the collected papers, go to the local administration, which will carry out further processing. Employees of this body carry out all necessary checks.
How to remove temporary status from a site?
Read about the resolution on assigning an address to a land plot here.
How to rent land from the state, read the link:
The main package of papers includes:
- The number of the individual housing construction plot assigned to it upon registration with the cadastre authorities based on the results of the survey work carried out;
- Document confirming ownership. And also its copy certified by a notary;
- Land plot plan - provided if there are buildings on the land plot and if their construction is planned in the future. This document will increase the chances of issuing permission for translation;
- Papers with which you can confirm the presence of registration of the erected structure - a document on the ownership of the house, passports (cadastral and technical), a building permit obtained previously, etc.;
- Passport of the citizen who owns the house and land;
- Consent of the owners of neighboring plots to the transfer.
This list contains only basic documents; other evidence may be required - it all depends on the individual characteristics of the procedure.
How much does it cost to allocate a plot of land for commercial purposes?
The transfer of a site to this category is not carried out free of charge. This service is very expensive.
The following factors influence the amount of money that will have to be paid:
- The need to bring to the attention of citizens living in this territory information about public hearings that will be held - pay for the placement of an advertisement in the local media;
- Submitting a request to the Department of Architecture, which is in charge of this territory - pay for the services of the chief architect, which are quite expensive;
- Appeal to the Land Committee and other authorities.
Before you begin the process of transferring land to this category, evaluate all the pros and cons of this event.
If possible, make a business plan for the commercial activity you plan to carry out. It will immediately become clear how long it will take for all the costs of constructing the necessary structures and transferring land to pay off.
Decision is made
Let's assume that the owner of the plot has firmly decided to engage in commercial activities and build appropriate real estate on it. What to do in such a situation?
First of all, you need to clarify for yourself the current state of affairs. To do this, you need to find out what category of land this site belongs to and what are the types of its permitted use. If commerce is not one of them, you need to be firm about the need to prepare the appropriate documents.
How necessary
Is it possible to somehow do without bureaucratic red tape and not formalize anything?
Is it always impossible to do business at your place of legal residence? Oddly enough, the law allows in some cases to do this without re-registration. To do this, the following conditions must be met:
- it can only be an individual entrepreneur;
- residence in this place must be in full compliance with the requirements of the law;
- there should be no production facilities here;
- the rights of people living together should not be violated.
This situation is provided for by the Housing Code of the Russian Federation.
In the vast majority of cases, the need to transfer land to the commercial category remains.
Where to contact
Russian legislation provides for seven main categories of land. Each of them has one or more types of permitted use.
Obtaining permission for commercial development of a site
Before the plot is transferred to the category of commercial activity, submit an application containing a request for the intended purpose of the plot. At the same time, obtain permission to erect buildings.
When carrying out surveying procedures or other types of land management work, make sure that land ownership includes:
- Communication nodes (transformers, energy storage devices, control over the supply of electricity and its level);
- Storm drainage or parts thereof that will prevent land flooding;
- Elements of the fire safety system (entrance to the site, freely accessible entrance and exit, place where fire extinguishers can be stored);
- An area intended for passage or travel.
It is also necessary to take into account all the requirements specified in the urban planning documentation. It is especially worth paying attention to the presence of free space between the boundary points of land ownership and the buildings built on it.
