Industrial organization is a truly important sector nowadays, as the development of production is rapidly growing from small workshops to large plant and factory organizations.
This article will discuss what an industrial zone means, the process of its purchase and sale, rental and industrial development.
So, what is land intended for industrial activity?
Industrial lands are land plots that are not located within the boundaries of settlements and other populated areas, and are also usually exploited for production activities or the use of industrial facilities.
The use of industrial zone sites is that various buildings are made there in the field of production, administrative activities or the construction of facilities for carrying out organizational activities.
Industrial lands: what is it?
Industrial lands are territories that are located outside populated areas and are intended to support the production activities of legal entities, as well as for the purpose of operating industrial equipment. On industrial lands there are workshops, premises of plants and factories, buildings for the administration of production and other buildings necessary for the operation of enterprises.
A detailed description of industrial lands is contained in Chapter 16 of the Land Code of the Russian Federation. It also regulates the organization of production in such territories. In some questions you can rely on Art. 7 and art. 78 of the Land Code of the Russian Federation, as well as local legislation.
The purpose of using industrial plots can be different, so the law has identified seven possible types of permitted use of such land.
- Sites for the placement of production facilities and buildings.
- Territories intended for mining.
- Land to provide transport links.
- Areas intended for the location of nuclear energy facilities.
- Territories of defense and security.
- Areas for placing various communications.
- Lands intended for space activities.
The transfer of land plots for industrial production occurs through the local administration. At the same time, the feasibility of the production location, the characteristics of the land and topography, as well as the proximity of the site to transport routes and populated areas are assessed.
Industrial land cannot be located near objects intended for housing.
What area can land for industrial development have? This depends on the type of permitted use, production standards (they are individual for each industry), as well as on the technical documentation for a specific industrial development site.
The economy is developing rapidly, so there is a shortage of industrial land. This problem is solved by changing the category of land plots.
Industrial land: sale, purchase, lease
The owner of industrial land can be a private person, organization, state or municipality. Any actions permitted by law can be carried out with these territories. In relation to industrial plots, lease, purchase and sale, gratuitous use, donation and other possible agreements relating to real estate can be concluded.
The only serious problem that those wishing to purchase industrial land may encounter is the established type of permitted use. For example, if the site is intended for warehouses, the entrepreneur will not be able to build a service station or gas station for cars on this territory.
What else should you consider before buying or leasing industrial land? First of all, on the characteristics of the site itself and the availability of necessary communications. In the absence of gas, electricity, water supply, sewerage and communications, industrial land can be inexpensive.
However, if you think about further related construction and the approval of permits for it in government agencies, it may turn out that buying land is not profitable both from a financial point of view and from the necessary time costs (obtaining a building permit is a long process, it can last up to a year) .
What can be built on industrial land?
Construction of facilities on industrial land plots is permitted if this does not contradict the type of permitted use of the territory. It is prohibited to build residential buildings on such sites.
However, cities and rural settlements are growing from year to year. It often happens that residential development crosses an industrial zone. Until some time, problems with the law may not arise, but what if the enterprise that owns industrial land decides to expand production or conduct additional communications?
Legally, there is one way out of this situation - changing the category of the land plot. For example, residential development is possible if the territory is classified as agricultural land or populated areas.
An important point - when changing the category of land, pay attention to the type of permitted use. The possibility of housing construction directly depends on this.
What facilities can be built on industrial land?
As mentioned above, you can build those objects that correspond to the intended purpose of a particular site. Residential buildings may not be built on any industrial land. However, the growth of cities leads to the fact that residential areas often intersect areas classified as industrial. Over time, this can cause problems. To avoid them, it is necessary to change the category of the land plot. If the land belongs to a populated area or agricultural area, then such a plot can be used for urban construction. But you still need to look at the specific type of permitted use of such areas.
Changing the category of industrial land
Issues related to changing the category of land plots are regulated by Federal Law No. 172 of December 21, 2004, as well as the Land Code of the Russian Federation.
Converting land to industrial use is a rather complicated procedure. It's another matter when it is necessary to make the opposite change. When transferring industrial land to another category, there are only two restrictions.
- Buildings located in an industrial zone are subject to demolition. In this case, a remediation project will be required to change the category. The same feature applies to situations where the area is polluted or disturbed.
- The soil layer on industrial lands has been disturbed. In this situation, it will be necessary not only to coordinate the reclamation project, but also to carry out the entire list of proposed works.
Difficulties arise when it is necessary to convert agricultural lands into industrial ones. This is possible only in exceptional cases, and in some situations the law states that transfer is inadmissible. The only reason why a change in category may be permitted is indisputable evidence that the agricultural site has lost the useful properties necessary for farming.
Transfer to another category
In those regions where there is a significant shortage of industrial land, entrepreneurs solve this problem by transferring agricultural land to industrial land.
The entity attempting to carry out this operation must have significant circumstances, which he subsequently conveys to government authorities. They, in turn, only accept applications that have the exclusivity of this transition, so entrepreneurs are often given a negative answer.
But here, too, there is a solution - to prove the lost original characteristics of agricultural land, which serves as a clear example of its further unsuitability for its intended use.
It is much easier to transfer industrial land to any other category. There are only 2 restrictions for this:
- Development of above-ground and underground facilities in areas that need to be demolished. In this case, the entrepreneur needs approval not for the process of reclamation of the territory. This is also done when the lands have been disturbed or contaminated by reactionary objects.
- Violations of the soil layer, therefore, in addition to reclamation, the rest of the envisaged work processes are carried out, including checking for the validity of violations of the soil layer.
Transfer of industrial lands into state ownership
Under certain circumstances, industrial land may become the property of the state. Land seizure is legally permitted only in the following cases:
- international agreements are implemented;
- reconstruction or construction of federal (local) defense, security, energy, transport and other communications facilities is taking place;
- if an industrial site is seized in accordance with a court order;
- in the presence of other justified reasons that do not contradict federal legislation.
The process of transferring industrial lands into state ownership is regulated by Art. 49-51 Land Code of the Russian Federation. The ownership rights of an individual or organization can not only be completely terminated, but also temporarily limited.
Temporary requisition is possible in particularly critical situations. Subsequently, compensation is paid to the rightful owner, and the land is returned to ownership.
Purchase, sale and rental
The owners of such land are the Federation, a legal entity or an individual. Transfer of land ownership can be either paid or free of charge.
ATTENTION! In the case where the site is planned to be used to create your own business, the territory may not be released for use by the owner by the state on the basis of failure to fulfill the intended purpose of the land for industry.
For example, in the region there is a sharp shortage of nuclear power plants or technical equipment stations. In addition, the state owns the necessary territories for the construction of these structures.
But the entity, which plans to purchase a site for commercial activities, decided to use it to build bases, warehouses and other storage facilities.
Thus, the authorities have every right to refuse this entrepreneur for unwillingness to fulfill the requirements for the intended purpose of this industrial land.
There is another obstacle to acquiring a plot of land - the lack of communication channels, power lines and other necessary communications.
As a rule, such land costs significantly less than land with full communications connections, but a significant amount of money and labor time will be spent on its further use and on the construction of these connections. Such issues are resolved either in court or through a contractual agreement.
Tax on industrial plots
Land taxation is regulated by Chapter 31 of the Tax Code of the Russian Federation. The tax rate for industrial land, according to Art. 394 of the Tax Code of the Russian Federation, equal to 1.5% of the cadastral value of the site. This is higher than for agricultural lands and areas of settlements. Reducing factors may be introduced at the local level.
Practicing lawyers note that an inflated cadastral value is often set for industrial lands. Sometimes it even exceeds the market value. If an obvious overstatement is detected, the owner can apply to the courts to reduce the cost.
