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.
Advice 2 : How to change the purpose of land
When you purchase a land plot , we rarely think about it. However, all the plots differ in the type of purpose, which, in turn, are divided into several categories. Each owner has the right to change the use of their footage.
You will need
- - cadastral plan of the site;
- - the statement;
- - receipt about payment of state duty;
- - the documents of the land.
If you are the owner and want to change the target purpose of your plot, contact the local authorities a statement in which you petition for the change of use of land and explain the reasons. The application must attach a contract for the purchase of land, cadastral plan and documents on the property right. Be prepared for the fact that local authorities may require additional documents, for example, a construction project to verify the necessity of changing the purpose of land.
After submission you should receive a document that shows which employees of state institutions you will need to circumvent in order to accommodate all necessary changes. A list of institutions will be made on the basis of the requested change.
After successfully negotiating changes, pass the documents to the Committee of the district which deals with issues on land resources. There will be the drafting of a new act on ownership of land with a modified target designationM.
Wait until local authorities will not be sent a decision to change designated purpose of land plot and permission for amendments to the registration documents. Then in the state register on the right of ownership will be made new data on the plot of land.
To complete the paperwork, take new action in the district center of the property and will receive a certificate of right to property.
Remember that the plots intended for housing construction, providing for the registration, it is impossible to do one garden. Such a plot should build up, otherwise, land use will be illegal.
Despite the fact that construction on agricultural land is prohibited, you can ask for a permission to build if the land included in the category of land settlements.
Advice 3 : How to change the allowed land use
During the registration of ownership to land, each land plot is assigned a certain kind of use of this site, which describes further the use of the site. Situations may arise when the owner of the land for one reason or another, wants to change the permitted use of land, for example, you want to build something on a plot of land, the permitted use which does not allow this, a similar situation occurs when you change the functionality of the previously built object.
The procedure to change is public. The owner of the land only initiates its circulation in the municipality, after which a Committee, which was responsible for preparation of materials, collection and holding of public hearings on the basis of which the municipality makes a decision about the possibility or the impossibility of changing the permitted use of the land.
Public hearings should be held with the participation of those citizens whose rights can be affected by the change of use of the site. So created, the Commission invites public hearings for owners of land and owners of capital construction objects on the territory bordering on discussing plot and in case of a possible negative impact on the environment by changing the use of plot – holders of the territory that will be subject to such effects.
Inform interested persons must be held not later than ten days from the filing of the copyright statement on the change of use. The hearing itself should be conducted by decision of the municipality, but not later than one month after notification of the parties.
During the public hearing invited interested persons can provide comments, suggestions and observations on changes in the use of the discussed area. All comments will be entered in the minutes of the hearing and taken into account when forming the final conclusion.
After a public hearing, the Commission makes recommendations regarding the use of the discussed parcel of land, the recommendation can be either positive or negative, indicating the reasons for the refusal of change of use. The Commission's opinion is sent to management of the local administration, and within three days the decision to change the permitted use of landor the denial of it.It is the decision of the administration is the document upon which amends the real property cadastre and registry of rights to immovable property.