Article 34. Town planning regulations and parameters of the permitted use of land plots and capital construction projects in residential areas

What types of permitted uses are there in the territorial zone Zh?

This territorial zone is intended for development of residential buildings of various heights. There are several options for zone F, and each has its own digital designation. Territorial zones Zh-1 - Zh-4 differ in density of development - from individual housing construction to multi-storey buildings. Residential zones allow the construction of commercial, domestic and social facilities. Each residential zone has its own types of permitted use.

• Territorial zone Zh-1: individual housing construction (the rest is in catch-permitted forms);
• Territorial zone Zh-2: Blocked development and low-rise construction, commercial and social facilities;
• Territorial zone ZH-3: Mid-rise construction, commercial and social facilities;
• Territorial zone Zh-4: Multi-storey construction, commercial and social facilities;

A feature of the territorial zones Zh-2 - Zh-4 is the possibility of assigning several main types of permitted use to a land plot at once. For example - residential building + shop + restaurant.

Attention!

In the land use and development rules of some municipalities, the territorial zones Zh-2 - Zh-4 are combined into a separate zone of multi-apartment residential development, Zh-1 - Zh-2 are combined into a development zone with individual and semi-detached residential buildings.

Name VRI / Typical zone F / Code (numerical designation VRI):

• For individual housing construction (Zh-1) 2.1
• For personal farming (F-1) 2.2
• Vegetable gardening (G1-G2) 13.1
• Objects for garage purposes (G-1) 2.7.1
• Blocked residential development (Zh-2) 2.3
• Low-rise multi-apartment residential development (Zh-2) 2.1.1
• Mid-rise residential development (Zh-3) 2.5
• Multi-storey residential development (Zh-4) 2.6
• Objects for garage purposes (G1-G4) 2.7.1
• Utilities (G2-G4) 3.1
• Social services (G2-G4) 3.2
• Household services (G2-G4) 3.3
• Outpatient services (G2-G4) 3.4.1
• Pre-school, primary and secondary general education (W2-W4) 3.5.1
• Cultural development (G2-G4) 3.6
• Religious use (G2-G4) 3.7
• Outpatient veterinary care (G2-G4) 3.10.1
• Business management (G2-G4) 4.1
• Markets (G2-G4) 4.3
• Stores (Zh2-Zh4) 4.4
• Public catering (G2-G4) 4.6
• Hotel services (G2-G4) 4.7
• Vehicle maintenance (Zh2-Zh4) 4.9
• Sports (W2-W4) 5.1
• Ensuring internal law and order (G2-G4) 8.3
• Historical and cultural activities (G2-G4) 9.3
• General use of water bodies (G2-G4) 11.1
• Land plots (territories) for public use (Zh2-Zh4) 12.0

Conditionally permitted and auxiliary species must be looked at in the approved land use and development rules. A complete list of VRI for each zone is in the Classifier.

Land categories. Types of permitted use

The entire land fund of the Russian Federation is divided into categories. The category of a land plot determines its intended use. In fact, the concepts of category of land plot and intended purpose from the legal side are equivalent. The relationship of land to a certain category is legally established in accordance with the Land Code of the Russian Federation. The legally established category of land makes it possible to preserve the properties of the land plot over time and excludes inappropriate use of the land. There are seven categories in total. Land in the settlement category is intended for low-rise construction.

The type of permitted land use (APL) specifies the purpose for which the site is used. For this purpose, a special classifier has been compiled, which contains codes and descriptions of VRI areas of all types. This document was approved by order 540 of September 1, 2014.

Until November 2015, low-rise development, according to Order 540, included exclusively territories allocated for individual housing construction (IHC). Sites allocated for the construction of low-rise apartment buildings (up to four floors) were classified as lands intended for mid-rise construction. As a result, situations arose when high-rise buildings (up to 8 floors) were built next to individual or two-three-story houses. This caused dissatisfaction among residents and conflicts; a stream of various requests and complaints poured into the local administration. Although formally the legislation was complied with by local authorities and permitting bodies.

To solve the problem that arose, a change was made to the classifier of VRI of land plots by order No. 709 of the Ministry of Economic Development dated September 21, 2015 and a new type of VRI of land appeared - 2.1.1 “low-rise multi-apartment development”.

According to the VRI classifier, low-rise residential buildings include:

We recommend that you read:

3 types of permitted use of land in settlements

1. Land intended for individual housing construction (classifier code 2.1). On lands of this type it is allowed:

• build individual residential buildings with a height of no more than 3 above-ground floors;
• to equip a household plot to grow vegetables and melons, berries and ornamental plants, build greenhouses and greenhouses, plant fruit and berry trees and bushes;
• locate individual baths and garages, various utility buildings.

1. Land for personal farming. VRI 2.2. It is also allowed to keep farm animals on a plot with this type of VRI.
2. Semi-detached houses of block type. VRI 2.3. In these areas, the construction of only blocked houses (penthouses), auxiliary buildings, garages for personal vehicles, cultivation of berries, fruits, vegetables, and various ornamental crops is permitted. Construction of recreation areas, sports grounds, children's play areas.
3. Lands marked as “Low-rise multi-apartment residential development” (VRI classifier code 2.1.1). On land plots of this type it is permitted:

• place multi-apartment residential buildings. Houses must have a maximum of 4 floors (including underground or attic);
• grow fruit and berry and ornamental plants, vegetables;
• build garages for personal vehicles, sheds, and auxiliary structures for various purposes;
• locate facilities in buildings to service the infrastructure of residential buildings and the residents living in them. Service facilities can be located in built-in or attached premises. They should occupy no more than 15% of the total area of ​​the premises of a low-rise building;
• create recreation areas, children's play areas, grounds for sports games and sports.

In areas with VRI 2.1.1, the construction of exclusively multi-apartment low-rise housing is permitted. The construction of individual houses is unacceptable.

To obtain a permit for the construction of a low-rise building, you must have a plot of land with the type of intended use of settlement and VRI corresponding to the type of house project.

Territorial residential zone Zh-1

Zone of individual housing construction.

In this zone, the construction of residential areas with single-family residences is permitted. The main types of uses (WU) include:

• placement of private housing with garden plots;
• creation of communications and engineering support facilities.

Among the conditionally acceptable VRIs are: kindergartens, schools, shops (if the building is separate), laundries and pharmacies, parks, clinics, service businesses and sports grounds.

The list is quite extensive. It includes all possible organizations necessary to maintain residential development. But there are also auxiliary uses here. For example, outbuildings, vegetable gardens, wells, bathhouses, etc. The maximum possible characteristics are also provided for the zone: minimum plot area, distance from one border to another, etc.

Territorial residential development zone Zh-2

Zone of blocked development and low-rise construction.

In this zone, houses with several apartments are being built. Their maximum height is four floors. This is provided for by the main uses. They also include:

• blocked buildings with territory near the house;
• low-rise multi-apartment residential buildings;
• shops and markets;
• administrative buildings;
• facilities to serve area residents;
• hotels and childcare facilities;
• schools, gyms, cultural centers;
• libraries, post offices, pharmacies.

The list of conditional VRIs includes: dormitories, individual housing, clinics, shopping malls, markets, veterinary hospitals, etc. Among the auxiliary types: children's and sports grounds, parking lots, garages, squares, boulevards and the rest.

What is a low-rise residential development?

In current legislation, the concept of low-rise residential development is not clearly defined.

The Town Planning Code distinguishes three main low-rise buildings:

1. Individual residential buildings (IDH). They are single-apartment buildings with a personal plot on which it is allowed to erect various outbuildings, grow vegetables and ornamental plants, plant fruit trees and shrubs. The land usually belongs to the owner of the site.
2. Blocked residential buildings, which have become widespread for the following reasons:

• the use of common walls allows you to reduce the cost of building a house;
• the cost of land for one household decreases;
• the cost of supplying communications per household is reduced, and their technical implementation is simplified.

Blocked residential buildings are characterized by the following features:

• consist of blocks;
• one family lives in each block;
• each block has its own output;
• the blocks are connected by common walls;
• there are no openings in the common walls;
• each block has a separate output.

Block construction houses are characterized by a separate plot of land adjacent to the house for each block in which one family lives.
On the land it is allowed to build garages for personal cars, auxiliary and outbuildings, plant fruit trees, berry bushes, arrange beds, greenhouses, greenhouses, grow vegetables and other crops. The construction of recreation areas, children's play areas, and sports grounds is also permitted. We recommend that you read:

Types of permitted land use

1. Low-rise apartment buildings:

• consist of one or more entrances;
• each entrance consists of several apartments;
• the number of entrances in the house does not exceed four;
• number of floors – from one to three.

In addition, Article 35 of the Civil Code of the Russian Federation introduced the concept of medium-rise residential buildings (up to 8 floors) and multi-storey residential buildings.

Low-rise buildings include individual, blocked-off, multi-apartment, low-rise residential buildings, up to three floors inclusive.

Territorial residential zone Zh-3

Mid-rise construction zone.

Within this zone, the construction of mid-rise mixed-type buildings is envisaged. It houses facilities no higher than eight floors and with an extensive list of services for the local population. But other buildings can be erected. List of main VRI:

• mid-rise residential development;
• shops and markets;
• parks and sports grounds;
• primary and secondary schools;
• service companies;
• healthcare organization;
• cafes, snack bars and more.

Conditionally acceptable types are offices located on the first and second floors of residential buildings, or in separate buildings. They also include local shopping centers, water tanks, individual garages, car washes and other types of buildings. There are also auxiliary VRIs (parking lots, fire hydrants, etc.).

Territorial residential zone Zh-4

Multi-storey construction zone.

The height of residential buildings is nine or more floors. In addition to them, the construction of other objects that meet the requirements of urban planning regulations is allowed. Also included in the main types:

• multi-storey residential development;
• shops and markets;
• household services;
• cultural development institutions;
• sports activities;
• healthcare organization, etc.

Conditional types include religious use of land, entrepreneurship, placement of warehouses and vehicle maintenance. And auxiliary types are detached garages (owners are people with disabilities), guest parking lots, utility areas, etc.

ZH-2 DEVELOPMENT ZONE WITH LOW-RISE RESIDENTIAL BUILDINGS

The zone is intended for the development of multi-apartment low-rise (up to 4 floors, including attic) residential buildings; placement of social, cultural and consumer services for the population, mainly of local importance, and other objects in accordance with urban planning regulations is allowed.

Main types of permitted use

— Low-rise apartment buildings up to 4 floors, including attic

— Blocked residential buildings of 1-3 floors with adjacent plots

— Multifunctional service, administrative and business facilities in combination with residential buildings

— Hotels up to 4 floors, including attic

— Special residential buildings for the elderly and disabled

— Children's preschool institutions

— General educational institutions (schools)

— Multidisciplinary institutions of additional education (music, art, theater and other schools)

— Libraries, lecture halls of the house of creativity

— Institutions of culture and art (clubs, cultural centers, cinemas, museums, exhibition halls, etc.)

— Sports and recreational facilities (gyms, swimming pools, courts, skating rinks, etc.)

— Administrative, economic, business and public institutions

— Trade, catering and consumer services enterprises

— Baths, saunas, dry cleaners, hairdressers, laundries

— Pharmacies

— Dairy kitchens,

— First aid stations

— Strongholds for the protection of public order

— Post offices, post offices, telephone and telegraph points, bank branches

— PBX, regional communication centers

— Housing maintenance services, emergency services

Gardening, gardening

Conditionally permitted uses

— Individual residential buildings with private land plots

— Dormitories

— Outpatient clinics: territorial clinics for children and adults, specialized clinics, dispensaries

— Confessional sites

— Institutions of secondary specialized vocational education

— Boarding schools

— Social protection institutions

— Multifunctional shopping and entertainment centers and complexes

— Trade and exhibition complexes

— Markets

— Ambulance stations

— Box-type garages for individual passenger vehicles

— Veterinary hospitals

Auxiliary permitted uses

— Playgrounds: children’s, sports, utility, recreation

— Dog walking areas

— Guest parking

— Parking lots for individual passenger vehicles (open, built-in, underground, multi-level)

— Garages for individual passenger vehicles (open, built-in and attached, multi-level, box type for the disabled)

— Separate garages for disabled people

— Gardens, squares, boulevards

Limit (minimum and (or) maximum) sizes of land plots, maximum parameters of permitted construction, reconstruction of capital construction projects located in the Zh-2 zone

Requirements for the parameters of structures and boundaries of land plots in accordance with the following documents:

— Set of rules 42.13330.2011 “SNiP 2.07.01-89*. Urban planning. Planning and development of urban and rural settlements”;

— SP 54.13330.2011 “SNiP 31-01-2003 Residential multi-apartment buildings”;

— SanPiN 2.1.2.2645-10 “Sanitary and epidemiological requirements for living conditions in residential buildings and premises”;

— SP 30-102-99 “Planning and development of low-rise housing construction areas”;

— other current standards and technical regulations

1. The nature of the fencing of land plots on the street side must be maintained in a single style, with clearances, for at least one block on both sides of the streets in agreement with local governments. The maximum permissible height of fences is accepted to be no more than 1.8 m.

11. On the border with an adjacent land plot, it is allowed to install fences with gaps that provide minimal shading of the territory of the neighboring plot and a height of no more than 2.0 m (by agreement with adjacent land users - solid, no more than 1.7 m in height).

12. Hedges should not protrude beyond the boundaries of land plots, have sharp thorns and thorns on the side of the main facade (main facades) of the house, adjacent footpaths and sidewalks.

How to change the type of permitted use of a land plot in the territorial zone Zh?

Changing the type of permitted use within the territorial zone F is possible to one of the main VRI, conditionally permitted by the VRI, or with the assignment of an additional VRI.

1. If the choice is between the main types indicated in the land use and development rules, it is enough to indicate the current and desired VRI in the application. The translation is carried out on request. The transfer may be hindered by encumbrances, restrictions on building density, or the inclusion of a land plot in various security zones.
2. The assignment of additional VRI specified in the current PZZ is carried out in accordance with the agreed procedure, subject to the predominance of the building site of the main VRI over the object planned for placement with additional VRI (house + permanent garage). It is necessary to carry out preliminary approval by the architecture committee.
3. The assignment of a conditionally permitted type of use is carried out by agreement, with the holding of public hearings, with the approval of the owners of neighboring plots. A thorough analysis will be carried out to ensure compliance with urban planning regulations, environmental protection zones, and security zones; coordination with the owners of linear objects will be required.

Economic justification may serve as a basis for changing the VRI to a conditionally permitted type of use. For example, the owner wants to build a shopping center on the site. In order for the plot to be assigned the appropriate type of use, it is necessary to refer to the active growth of new residential buildings in the area and, as a result, the lack of retail outlets for the population.

In addition to justification and petition to the authorized bodies, to change the type of permitted use in the territorial zone Zh you will need:

• the applicant's identity card;
• or documents for the organization;
• confirmation of rights to the site;
• extract from the Unified State Register or lease agreement;
• GPZU with information about the allotment.

Before applying, you should find out the current use and check the land for any restrictions or restrictions.

In the capital, applications and documents are submitted to the Moscow City Property Department. In the region, the appeal is submitted to the Committee of Architecture and Urban Planning of the local municipality. Based on the results of the review, a response is issued, and if the change in type of use is approved, new data is entered into the Unified State Register of Real Estate. By entrusting the collection of documents and filing an appeal to the authorized bodies to our lawyers, you receive a guarantee of a positive decision.

Zh-1. Development zone for low-rise residential buildings

It is allocated for the placement of residential buildings with 1-3 floors and social, cultural and other facilities necessary to create conditions for the development of the zone.

Minimum fire distances, maximum number of storeys of buildings, structures and structures, as well as other parameters of permitted construction and reconstruction not established in these rules, are adopted in accordance with the design assignment, current technical regulations and local urban planning standards.

In cases where the border of the sanitary protection zone of industrial enterprises and other facilities that require its establishment passes through the territorial zone Zh-1, new construction on a section of the territorial zone that falls within the boundaries of the sanitary protection zone is possible only after the development of a project to reduce the borders of the sanitary -protection zone, if its new borders do not pass through the territorial zone. If part of the territorial zone is located in a zone set back from an external highway, new construction is possible subject to the requirement of compliance with regulatory noise protection.

How to transfer your land plot to the territorial zone Zh?

Changing the territorial zone involves adjusting the gene. plan and rules of land use and development. For these purposes, an appeal is submitted to the authorized bodies (local municipality or City Commission in the Moscow Committee for Architecture and Architecture). The application must provide justification for such changes:

1. The territorial zone is changing in order to increase the efficiency of use of the site or real estate - present the facts of the inefficiency of the land in its current state, attach the corresponding calculations.
2. The owner of the plot suffers harm - it is necessary to analyze in detail all aspects of it (reduction in the value of the plot, reduction in the cost of real estate, etc.).

The reasons may be different. For example, the applicant purchased a plot of land planning to build an apartment building on it, but the current territorial zone only allows the construction of parking lots and other similar facilities. By proving the feasibility of building a residential building, you will convince the commission to change the current zone.

When making changes to development rules, authorized bodies try to maintain a balance between the interests of owners and public interests. When a change in the territorial zone leads to the development of the territory, it will be easier to implement it. Sometimes the procedure requires the organization of public hearings, in other situations the decision is made by the head of the local municipality.

A reasoned response is given based on the documents received and the petition. The following must be attached to the application:

• a situational plan, where the boundaries of your site and the real estate located on it are marked;
• documentation for the land, including an extract from the Unified State Register of Real Estate, a lease agreement or other confirmation of rights;
• a diagram of the planned development, which indicates the location of objects and their economic indicators.

It may take up to two months for your application to be processed. Geobureau lawyers will help with the transfer of your land plot to the territorial zone Zh.

How to change the territorial zone of a land plot Zh-1 – Zh-4 to another zone Zh?

When the current territorial zone does not allow the construction of necessary real estate objects or the conduct of certain activities, it is necessary to contact the authorities to change it. In Moscow, the application is submitted to the City Commission on Urban Planning, Land Use and Development. In the region, changes in territorial zones are carried out by local authorities (the head of the municipality).

To change the zone Zh-1 - Zh-4 to another, but within the territorial zone Zh, serious reasons will be required:

• the plot was mistakenly placed in two different zones, making it impossible to obtain a building permit or otherwise use the land;
• the selected zone provides for the conduct of activities (usually commercial), but the current zone limits this;
• it would be more profitable to use the site in a new territorial zone (the integrated development of the area will improve, the efficiency of land use will increase, etc.).

The reasons for transferring an allotment from one zone to another must be worked out in detail. They are indicated in the application, and the attached documentation must contain evidence of the need to change the zone. For these purposes, you can contact expert organizations to carry out calculations.

Most often, owners apply to change the territorial zones Zh-1 to Zh-2, Zh-2 to Zh-3, Zh-3 to Zh-4, i.e. In order to extract commercial benefits, the building density is increased. An increase in building density may be hampered by the lack of infrastructure necessary for living - the load on kindergartens, schools, clinics, etc. Sometimes, to overcome this limitation, developers take on additional obligations for the construction of socially significant facilities.

Otherwise, the procedure for changing the territorial zone is standard:

1. the application is submitted to the authorized body;
2. a draft amendment to the PPL is created;
3. public hearings are held (if the situation requires);
4. the project and recommendations are reviewed by the head of the administration;
5. a decision is made and updated data is entered into the Unified State Register.

Our company’s lawyers will go through preliminary approvals, help you draw up a substantiated application, and transfer the plot of land to a suitable territorial zone.

Additional materials:

Changing the permitted use of land plots - services

Changing the category of land plots - services