Earth settlements - what does it mean? Types of permitted use of land settlements
The definition of "Earth settlements" says that this land is used and intended for building and development
There are few ways to use land in settlements, as well as land plots located in rural areas, cities and other territorial entities. If you need to transfer one type of land to another, it will take a lot of effort and time. For this reason, it is better to understand the purpose of the acquired land of the settlement before the purchase. In this article we will touch on the topic of site selection and its purpose and analyze the concept of "land of human settlements" (what it means).
Types of land settlements
Appointment exists not only on a plot of land, but also on objects that are being built on it.The purpose of the land can be divided into several types:
- DNP or dacha non-profit partnerships due to the infertility of the land of the village. Such sites are located, as a rule, outside the city. The owner of the land becomes a partner and can directly participate in general meetings.
- SNT or garden non-profit partnerships. They are distinguished by the high cost of land, since they belong to the category of highly fertile lands. Also located outside the city limits.
- Individual housing or individual residential buildings. Always located only in the area of residential settlements. The construction of residential buildings in these areas suggests the possibility of registration and registration. The acquisition of such a site will require the arrangement of communications, including access roads.
- LPH or a group of personal subsidiary farms. Used exclusively for field management. Not suitable for the construction of residential premises.
Features land use
The Land Code describes in detail all the assignments of land settlements. In particular, it is written there that the use of land in some cities is determined by local government.In addition, there are a number of other features:
- The state has the right to purchase and withdraw land in its favor if the latter are the property of private or legal entities or are leased.
- Legal entities and individuals can take ownership of land on which there is a distinction, and lease them.
- The boundaries of land settlements and territorial zones can be changed only at the level of the legislation of the Russian Federation. If a plot of land was included in the settlement area after it was acquired into ownership, the right to it is not annulled.
- Tenants and owners must comply with construction regulations. The main task is the use of land settlements. The types of permitted use are listed in the Land Code.
- Subjects of the Russian Federation have the exclusive right to change their size.
Features of the lease and registration in the property
A prerequisite for the acquisition of a land plot of a settlement is to clarify its purpose and what specific buildings it is permissible to build on it. There are also a number of features that should be considered when acquiring a plot of land:
- Presence of official written consent of parents or representatives in case the plot belonged to a minor child.
- Verification of parameters: the dimensions and description of the object specified in the documents on the ground must correspond to real data.
- It is not advisable to acquire a plot that belongs to the state or is under arrest.
- Be sure to check the data specified in the contract and actual.
The package of documents for the purchase of a plot of land of the settlement is not very large. And it includes a certificate of ownership, a cadastral passport, the refusal of a constituent entity of the Russian Federation to acquire this area, an identity card or registration documents (in the case of a legal entity).
The purpose of the cadastral valuation is to determine the value of the object for a certain period of time. The assessment is carried out taking into account the situation in the real estate market. Also taken into account is the level of profitability of neighboring plots and the cost of rent on average.
The definition of a cadastral valuation includes certain steps:
- Collection and analysis of data on the real estate market.
- Estimation of land value parameters.
- Registration of the data.
- The establishment of an adequate cadastral value not exceeding the market indicators.
Any object from the remaining categories can become the land of human settlements. The main point here is the observance of all the rules and regulations prescribed by law. To do this, the procedure for changing the boundaries of the land.
Principles of cadastral valuation
The procedure for assessing the cadastral value of the object should be carried out on the basis of several important positions:
- Adaptability, i.e. using different assessment methods to achieve optimal results.
- Hierarchy, implying full coverage of the territory.
- The search for simple and universal solutions, the avoidance of technically difficult options.
- Reliability of the considered information.
- Compatible with any programs that need to process the data.
- Accounting for individual characteristics.
- The generalization of decisions for all sites of the same category.
After obtaining a building permit on the land of settlements, you can begin the construction of buildings and structures.
Targeted use of land settlements - what does this mean? The Land Code defines land settlements as areas whose purpose is to build villages, cities and other municipal territorial units, as well as their further development. One of the features is that the plot of land included in the boundaries of the settlement does not require disputing the right of ownership, that is, remains with the owner.
The purpose of land settlements (as well as methods of their use) is directly dependent on the area in which they are located. The law divides localities into 8 subspecies:
- Social and business.
- Special purpose.
What is "other territorial zones"?
There is also a special group of lands, which is described in the law by the phrase “other territorial zones of the land of settlements”. What does it mean? In this case we are talking about land for public use, including driveways, squares, streets, squares, etc. As a rule, such territories are within the main zones and are not subject to privatization or re-registration in private hands.
By the way, the tax on the land of settlements is paid by all groups of persons who have ownership rights to the plots, as well as the right to use without a term and life tenure of land.
Misuse of land
Inappropriate use of a plot of land is understood as its exploitation, which does not correspond to the legal purpose for this type of territory.
The types of permitted use of land settlements are regulated by law. If this occurs in a form not prescribed by law, then this is the reason for bringing the owner to responsibility according to the administrative legislation of the country. The punishment for such a violation is quite serious, including a fine of 0.5-1% of the value of the land. The minimum value of the fine is 10 thousand rubles.
For example, if a store was erected on a plot for the construction of residential premises, then the owner of the land will have to, in addition to paying a rather large fine, also demolish an illegal building.
Absolutely all information on the use of land should be included in the cadastral register of real estate. In this regard, before making a final decision on the purchase of a plot, it makes some sense to order an extract from the cadastral passport of the land.This will help to make sure that the purpose of this site does not contradict your plans for it.
Residential land use
An individual may, as a rule, be interested in acquiring plots from two categories of territorial units. These include agricultural and residential areas. This is due to the fact that the other categories are not intended for registration of the site in the property of a private person.
Thus, by law, these categories of land in residential areas can be used for a number of tasks, namely:
- Residential construction individually.
- Construction of residential buildings of different heights.
- Construction of premises for cultural and household purposes.
Land use in the agricultural zone
If we talk about land in the agricultural zone, they can be used for the construction of residential facilities, and for arable land and plantings, as well as premises for production. Full information about the purpose of a site is contained in the relevant paragraphs of the order of the Ministry of Economic Development.
If the site is needed for housing development individually, then it is necessary to obtain reliable information about it through the cadastral passport.The code in the passport should correspond to the value 2.0-2.7, which means "residential development". However, it should be noted that some buildings do not fall into this category, for example:
- Sanatoriums, which provide simultaneous accommodation and treatment.
- The implementation of continuous production. This applies, for example, housing for workers on a rotational basis.
Types of plots
IZhS is an individual residential construction. In this case, the inventory code numbered 2.0-2.7 is also appropriate. This designation suggests that land categories can be used for the following purposes:
- Construction of residential buildings no higher than three floors. The division into apartments is not provided.
- Gardening and gardening.
- Construction of outbuildings and garages.
- The construction of garden houses.
- Registration of a personal plot.
- The construction of temporary structures intended for living. This applies to the shelters, trailers, etc.
Thus, IZhS means not only the construction of houses for living, but also the maintenance of auxiliary farms.
Land for the entrepreneur
Speaking of business activities, it is necessary to search for a plot of land with the cadastral code 4.0-4.9. The cadastral value of land settlements depends on many factors.In this case, you can erect capital buildings that will be used for commercial purposes. Code 4.4, for example, indicates the possibility of building a capital building on a site for conducting commercial activities. Entrepreneurs can also adopt the option of leasing land settlements.In this case, a limit is imposed on the volume of the building area, it should not be more than 5 thousand square meters.
Other ways to use land settlements
According to the Urban Planning Code of our country, the types of land settlements in each territorial zone can be divided into three subcategories, namely:
- The main ones. The initial appointment of the site.
- Conditionally allowed. Potentially possible appointment.
The main use implies the initial purpose of the land plot, taking into account its location in a certain territorial zone. To use the site for its intended purpose, you do not need to issue special permits and coordinate construction with government officials. The land owner himself decides how he will use the plot, but, of course, under the current legislation.
The conditionally permitted type of use of a plot of land is regulated by the town-planning organization of a particular region. However, for the construction of the owner will have to bypass some instances and coordinate their actions. For example, the main purpose of the site is IHC, and in the conditional use point the construction of a building for retail trade is indicated; the site owner will need to obtain a special permit. The Commission of regional scale will hold public hearings and decide on the change of purpose of the site.
In addition to the basic and conditionally permitted uses, there are also auxiliary ones. They are implemented jointly. This may concern such structures as underground parking, when the main purpose of the site is the construction of a retail outlet.
So, we have disassembled the concept of "land of populated areas" (what it means, their types), peculiarities of the lease and registration of land as property, cadastral valuation and the principles of its definition, other ways of using land of human settlements and much more.