How to change the purpose of land

The fundamental concept of land law is the principle of division of the territory into categories, each of which is determined by the target purpose. The legal regime of land is determined from the category and permitted use in accordance with the territorial zoning. There is a possibility to change target purpose of the land.

Instruction

The target purpose of land or permitted use of the land you can change in two ways. If you change the category of land, the transfer is effected in accordance with the Federal law №172-FL. In the case where the task assignment you want to change without changing the category, you need to act in accordance with article 37 and 38 of the town planning code of the Russian Federation and article 4.1 Federal law No. 191-FZ.

In the case of change of category of the site can be assigned to any permitted use, but when it does not change, you can only choose the one that is in the allowed list for that category of land. To change the category of land much more difficult, as the translation is made at the Federal level.

Without any problems the change of category can pass only in the case when a land plot is transferred to the category of specially protected lands. In all other cases, the pretext for his translation can be the impossibility of use in accordance with the task assignmentm that was previously installed, or the occurrence of environmental and technological disasters. To change the category it is also possible, if the change of boundaries of settlements or the plan is placement of objects of Federal or local significance in the case when their deployment does not exist.

A more simple case, which does not require costly and time is the second option when the category of land does not change. In this case, change of purpose of land usually takes place at the municipal level. To date, in accordance with the town planning code, the permitted use of land is determined in accordance with the General plans of settlements, rules of land use and development, schemes of territorial planning of municipal areas.

Submit an application to change the permitted use in the local authority. Submit a cadastral passport of the plot, copy of passport for a natural person or extract from the unified state register for legal entities and private entrepreneurs, as well as a document confirming the right of ownership of the site.

Administration holds public hearings, which are attended by the holders of adjoining land and the citizens who live within the boundaries of the territorial zones, where the plot is. On the basis of the observations and conclusions of the Commission, head of administration signed the corresponding decree, or refuses to change the target purpose and permitted use of the site.

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