The earth is the most important part of the natural environment surrounding humans. On the territory of the Russian Federation, all lands belong to one of the existing categories. Special attention is paid to the rational use of each of them. If you want to transfer land from one category to another, it is better to familiarize yourself with the features of the procedure in advance. And the concept itself.
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What does this concept mean?
In total, the Land Code of the Russian Federation contains four articles devoted to lands and territories along with their use.
Settlement land is a territory separated from other similar objects. It is already being used for development, or is being prepared for this process. And it is intended for the formation of infrastructure, urban or rural type.
Only the local government prepares plans according to which the existing territory is divided into zones. The main thing is to adhere to the rules for development and land use. But government authorities can control such processes.
- A city or settlement is a territory with boundaries that separate it from other lands.
- Boundaries are drawn only after land and town planning documentation has been accepted.
The settlement lands are divided into several zones. The zones are:
- Military.
- Designed for special needs.
- Infrastructural.
- Production.
- For agricultural production.
- Recreational type.
- Populated.
- Social and business.
Land categories.
Features of operation
Each zone has its own requirements according to which boundaries are set. These requirements are set individually for each zone. In this case, not only the location is taken into account, but also the possibility of using adjacent lands for different types of activities.
The legal order is determined in legislative norms, becoming uniform regulations for any decisions. Some objects do not meet the regulations, but this is only permissible if certain conditions are met.
- The volume of the object does not meet generally accepted requirements.
- When used in accordance with the territorial division, not for its intended purpose.
Inconsistencies with the regulations can be eliminated; there are no time limits for this action. During the elimination of errors, lands can be used only if there is no danger to the environment and human health. Only local authorities allow the use of land, or issue a ban for this time.
Composition and purpose of suburban areas
A suburban area is a place that does not enter the zones of other cities and is located beyond the designated border. And it forms a single territory with it in terms of natural, social and economic parameters.
Territories can also be divided into zones:
- Agricultural purposes.
- For reserve.
- For relax.
Sometimes suburban areas include so-called sanitary areas. They are distinguished by a ban on any production processes that could harm the environment.
About types of land, purpose and construction
Not only the land has its purpose, but also any objects that are located on it.
Designation helps divide land into several categories.
- DNP. Dacha non-profit partnerships. Compared to SNT and development land, they are considered less fertile. Located outside the city limits. The purchaser of such lands is presumed to be part of a partnership. And in the future he can take part in meetings.
- SNT. Gardening non-profit partnerships. Such lands are more expensive because they have a high level of fertility. Not included within city boundaries.
- Individual housing construction. With individual residential development. They always belong to an area with residential settlements. They expect to obtain registration along with the construction of residential buildings. They require the arrangement of communications along with access roads.
- LPH. Group of personal subsidiary plots. Intended for field farming only. Residential buildings are not usually built on such lands.
On what land can you build a house?
Violations
Each plot of land has its own construction standards. For any illegal construction, the owner faces a fine of 3 thousand rubles. To check the use of land, in particular in the Moscow region, quadcopters fly and record all changes.
“Now there are many cases when an apartment building is being built on individual housing construction lands. Soon the house is checked based on complaints from neighbors. If an apartment townhouse is built on individual housing construction lands, then it has the right to be demolished as illegal. First, the owner will be sent a notice to correct the situation, otherwise a court order will follow. The administration will demolish the building. She will send an invoice for the work to the owner,” added Sergei Bondar.
Use of settlement lands
Articles 83-86 of the Land Code of Russia describe this issue in detail.
For example, it says that additional rules for the use of land in Sevastopol, Moscow and St. Petersburg are determined by the local laws of these cities. But there are other rules that are no less important.
- The state can buy and seize for its own benefit objects that belong to legal or private entities, or are leased.
- Individuals or legal entities must obtain ownership of the areas along which the border runs. Such properties are allowed to be rented out.
- The territorial border can only be changed by issuing the corresponding law of the Russian Federation. Once the lands are included in the settlement, individuals and legal entities should not lose ownership of them.
- All land owners and occupiers must take into account the rules specified in the building regulations. The main thing is that the land is used strictly for its intended purpose.
- Only subjects of the Russian Federation can change the size of territories along with legal norms.
Rules for purchasing and leasing
Before purchasing such an object, you must definitely find out what its purpose is, what buildings are allowed to be erected on it.
There are several nuances, consideration of which will help you avoid mistakes.
- The consent of parents or guardians is required if a plot previously owned by a minor is purchased.
- There may be discrepancies in the papers regarding such parameters as dimensions and parameters, description of the site.
- You should not take a plot for which the state already has ownership rights. Or who has been arrested.
- It is worth looking at how well the data in the contract corresponds to the real state of affairs.
Not many documents are required to purchase land. The list consists of a written refusal of a subject of the Russian Federation to purchase; document to confirm ownership rights; cadastral passport; registration papers for legal entities; passport or other identification document.
Carrying out cadastral valuation
A cadastral valuation is needed to determine the value of an object on a particular date. During this procedure, it is necessary to take into account the situation that is developing in the market.
And the status of such parameters as the level of profitability of nearby areas, the average rental price, and the conduct of trade transactions.
The cadastral valuation process consists of several stages.
- First, they collect and analyze market information.
- Cities and towns are divided into zones based on location.
- Cost parameters are assessed.
- Prepare the results of the analysis.
- The cadastral value is determined, which never exceeds market values.
Subtypes (subtypes) of VRI
Permitted uses are further divided into three types:
- Basic;
- Conditionally permitted;
- Auxiliary.
Let's look at them in more detail.
The main VRI determines the best use of the site and the choice of building on it. This means that if the site is located in a residential area of a populated area, it is most correct to issue a building permit:
- Residential building;
- Store;
- Publicly useful institution.
That is, the building must correspond as closely as possible to the zone in which it is located and not cause inconvenience to the residents of the locality.
Auxiliary VRI means that the buildings on the site are secondary in nature and must comply with the main VRI. In simple terms, the main VRI is the house, and the garage and outbuildings are the auxiliary type.
A conditionally permitted VRI of a site is formalized through the court. This happens as follows:
- The owner of the plot submits an application to the administration stating that, in his opinion, the land is not being used effectively;
- This application is sent to the court, which can either reject the request or add a new VRI. At the hearing on this case, both the initiator of the application and the neighbors of the site must be present.
How to convert other lands into settlement lands
An object in any of the other six categories can become settlement land. The main thing is to comply with the requirements specified at the legislative level. It is only necessary to carry out a procedure in which the boundaries of a particular area are changed.
No additional actions will be required after this.
About individual housing construction
Houses can be built not only on lands intended for their construction. But also in areas with agricultural purposes.
But in the latter case, problems arise for those who want to obtain permanent registration.
Cadastral information that relates specifically to lands in settlements has become an integral part of the state cadastre. At the same time, urban categories are more expensive than others. It all depends on how developed a particular city is.
To determine the value of a plot according to the cadastre, several methods are used:
- Expensive.
- Comparative.
- Profitable.
And most often they use several methods together. This is convenient for conducting any transactions in the modern market.
Data for analysis and inclusion in the cadastre is also collected using different methods. For example, they use reports from appraisers at different levels, the media, and the official register of real estate transactions.
Conducting cadastral assessments involves following several principles.
- Adaptability. Possibility of using any assessment methods that are considered more appropriate.
- Hierarchy, full coverage of land.
- Universal and simple solutions that do not require complex technical solutions.
- Credibility. Information must be open and truthful.
- Compatibility. The data must be suitable for working with any program.
- Taking into account features. Organizations in this area should learn from each other.
- Uniformity of applied solutions for all areas, regardless of category.
Construction of any facility on a site can only begin after the appropriate permission has been obtained. It will confirm that the design documentation complies with the urban planning plans.
Land plots can be intended not only for construction, but also for agricultural work. Therefore, they are provided to owners for various operations.
The state carefully ensures that the territory is used strictly for its intended purpose. After all, it is a limited resource. And it requires an attentive attitude.
If any violations are detected, administrative fines are imposed, or the owner is deprived of the right to dispose of the property at his own discretion. The main thing before purchasing is to carefully read the master plan for the development of the territory. Then time and money will not be wasted.
Types of plots for building a house.
On the types of permitted construction and use, housekeeping
The main use of settlement land is development. Construction of both private houses and various institutions is allowed. It is allowed to build houses on any plots, even if their original purpose is for agriculture.
In general, the permitted use of such areas includes:
- Residential and commercial development.
- Agricultural use.
- Construction of housing facilities.
- Low-rise buildings.
- Farms.
- Peasant farms.
- Agricultural activities.
- Production of agricultural products.
- Personal subsidiary plots.
- Dacha farms.
- Individual residential construction projects.
- Country construction.
There are no restrictions on farming; it is allowed to grow any crops and animals, if this is possible in certain climatic conditions.
Land tax
After the cadastral assessment of the territory, the amount of taxes for the site is determined. It corresponds to the location of the site in the populated area and cannot be higher than the percentage established by the tax code.
The tax is paid by the following persons:
- Owners of the land.
- Persons who inherited a land plot.
The tax may not be paid by persons:
- According to the right of gratuitous urgent use.
- If there is a lease agreement.
The tax rate of 0.3% of the cadastral value is established by the Tax Code of the Russian Federation for lands:
- Agricultural.
- Territories for individual housing buildings.
- Territories of individual subsidiary farming, gardening, vegetable farming and livestock farming.
1.5% is a tax on the amount of cadastral value for other land plots.
The multiplication formula by which the tax amount is calculated: The area of the plot in square meters by the cadastral value of 1 m2 and by the tax percentage.
There are also payment benefits. Benefits vary and depend on the site. For example, for Moscow it is:
- Heroes awarded by the Soviet Union.
- Heroes awarded by the Russian Federation.
The cost of a plot after cadastral valuation can be reduced to 1 million rubles for persons:
- People with disabilities of groups 1 and 2 or disabled since childhood.
- War veterans.
- People who were present during nuclear weapons testing and became disabled.
- Persons living in single-parent and large families.
The following are fully exempt from tax:
- Persons raised in an incomplete large family, where 3 or more children have not reached the age of majority.
- Persons undergoing full-time studies are released until the end of their studies.
- Persons undergoing military service.
- Lost breadwinners, family members of a military personnel.
If taxes are not paid, the inspection service has the right to fine you 20% of the unpaid tax value. For each day overdue, pennies will be charged, which are calculated at an interest rate of 1 in 300.
If the tax payment deadlines were violated, but nevertheless you managed to pay the debt before the non-payment report was drawn up, then the tax office will not be able to hold you accountable.
Is there a difference between “settlement lands” and “settlement lands”
These concepts are very similar in essence. The only difference is that settlements are usually rural areas . And populated areas are a designation for a city, a larger entity, with a different level of local government.
By the way, it may also include those objects that are located within the city, next to it. And within rural settlements.
You will learn about how the state cadastral valuation of land occurs in this video:
