Is it possible and how to change the permitted type of use (VRI) of a land plot so that when changing the direction of land exploitation in the conduct of economic activities, the construction of residential or commercial buildings and structures, there are no problems with the legislation? The procedure for carrying out the procedure is painstaking, it requires the collection of documents, the submission of applications, as well as a certain experience and knowledge in the field of urban planning for the rational choice of the only one of the many points of the Classifier. We’ll deal with everything in turn.
What it is
This is one of the most important characteristics that determines the purposes for which the site can be intended. The legal regime restricts the owner, prohibiting the use of land resources for values not included in the document. The main provisions of the relevant law are contained in the Town Planning Code of the Russian Federation, Art. 37.
When drawing up the documentation, it is required to accurately determine the type, category and purpose of the sale of land resources, so that in the future there are no problems. If agricultural land is leased or property for growing crops or other crops, then it would be a violation to build a residential or commercial building on it. Also, in the case when the allotment will be operated as a building by private construction objects, then public buildings cannot be placed on it..
How to determine and change the type of permitted use (VRI) of land
Among the available items of the Classifier:
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Agricultural. There are 18 different areas of activity: animal husbandry, nursery maintenance, cultivation of agricultural crops, gardening, etc..
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Residential. In this case, it is possible to build individual housing construction objects, start a personal subsidiary farm, maintain facilities, etc..
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Public. It is possible to construct hospitals, schools, various buildings for educational sections and other non-commercial structures.
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Entrepreneurship. Allowed to be used for the construction of shops, business centers, hotels and any other commercial purposes.
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Relaxation. On such land you can build everything for your leisure time: fishing, hunting, equipped picnic areas, paintball clubs, etc..
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Production. Accordingly, you can place any industrial production facilities (including for the extraction of minerals, their processing) or factories for the manufacture of things and products.
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Transport. You can install stops, junctions, car fleets and other structures that carry out or related to the transportation industry.
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Defense. In such places, various military and security structures are located..
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Protection of Nature. Actions will be taken on the territory to preserve rare natural resources.
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Water VRI. This includes the use of located river, sea, lake and other funds both for providing leisure and for fishing..
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General use. Here you can build structures that will be available to all people.
In the classifier, each item has its own code value, which must be prescribed during registration. The approved use of the storage device reflects the legality of the use of land resources.
The procedure for installing and changing VRI
Often, owners or future owners are faced with a lack of understanding of where to go to obtain a document for the exploitation of a land plot, the definition of the legal framework for implementation. In this case, a rational choice will be important, which will prevent the existence of problems with legislation in the future..
If, after the purchase, the objectives of the IZHS are indicated in the cadastral register, but it is necessary to carry out the construction of commercial real estate, it is worth contacting Rosreestr. Or vice versa, because it is impossible to make a residence permit on a territory not intended for this..
How to choose
First, you should study all the categories that are available for assignment to a specific land plot. Based on this information, choose what is required in this case, then submit an application to the local administration commission.
After making a decision on the issue, the answer will be transferred to the cadastral chamber, which will already send a notification to the owner that he can come and change the documents in accordance with his request. It is strictly forbidden to take any actions or start construction of an object on your own; a huge fine may be imposed on the owner for illegal exploitation of land resources..
How to change the permitted use (VRI) of a land plot, the procedure
In general terms, the task is not difficult, but it is theoretically. In practice, there will definitely be bureaucratic burdens. Throughout the entire process until the moment you receive a decision in your hands, because any unauthorized buildings under the control of the administration will lead to the cancellation of the consideration.
To implement the established regulations, you will have to go through several steps:
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Write and submit an application to the local commission for the issuance of an extract for land.
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Make sure that there is a necessary item in the list of VRIs available for transformation and whether it is generally possible to correct the purpose of such property.
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Determine the purpose of use yourself.
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This is followed by an appeal to the cadastral chamber. There it is necessary to provide a specific list of documents: a certificate of ownership, an extract, a statement, a copy of the owner’s identity card.
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After the time established by law, you must apply for a ready-made passport, and then visit Rosreestr for the issuance of new papers.
Procedure for changing the type of permitted use of a land plot
Everything will depend on whether the owner of the PPZ has or does not have it. In both cases, the procedure will be different, the local cadastral service may request an additional package of papers. Also, the procedure will depend on one more factor – the category (main, auxiliary or conditionally permitted) to which the land allotment belongs..
The fact is that in the town planning documentation there are provisions in the content about the possibility of treason. You should also consider whether such a process will violate the law..
Change of the type of permitted use of the land plot, procedure in accordance with the PZZ
This is the easiest way. It has already been spelled out which VRIs can be implemented. From the available list, you should choose the one you need, and contact Rosreestr. No additional approvals, commissions and hearings are required. The whole process will take up to two weeks, and it will be possible to start exploiting the land.
A sample application is allowed to be obtained by going directly to the local branch of the Russian Register, or on the official website of the department.
Change of the main and (or) auxiliary
The copyright holder has the opportunity to independently choose the VRI. No rulings, reviews or public hearings will be required. It is enough to submit a petition that you want to edit the information reflected in the cadastral records, and after a maximum of 23 days pick up new ones with the corrections made.
Change of a permitted view to a conditionally permitted one
You can apply to the special commission on land use, if it is provided for in the LAR. The exception is common land, which is part of the municipal or state property. The list of documents is the same as when changing VRI through the municipality and local administration.
When the legislation does not apply to the site
The decision will be made only on the basis of information from the State Real Estate Cadastre. It is interesting that when the regulations of the holding are not reflected in the provisions of the Town Planning Code, everything falls entirely on the shoulders of the regional self-government bodies of a particular constituent entity of the Russian Federation, which also contradicts the norms of the law of the Russian Federation.
So that the erected buildings, even after receiving an affirmative answer, are not recognized as unauthorized, it is required to carry out a procedure for changing the category so that the relevant clauses of the legislation apply to it. Otherwise, the exploitation of the land may be declared illegal. Such a decision is made by the Supreme Court of the Russian Federation, guided by federal legislation, which says that the decision is given only in accordance with the adopted provisions. Or you will have to contact a special commission, which has the right to make adjustments to the PPZ.
Documents required for the procedure
The procedure for changing the type of permitted use of a land plot, if there is a necessary clause regulating the possibility of transformation, is to contact the local cadastral chamber. You must have with you:
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passport (original and copy) for each of the owners involved in resolving the issue;
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a certificate of title to the land;
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consent of all rightholders to make changes to Rosreestr.
The state body will receive all other extracts on its own (through interdepartmental interaction).
When a hearing and appeal to the municipality is needed, the list will be a little longer:
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passport and its copy for all copyright holders;
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for individual entrepreneurs – provide the appropriate form;
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an extract from the USRN on the assignment of the status of a legal entity or entrepreneur;
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title deed for the area, passport, ownership, consent of the lessor;
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planning justifications.
How to change the permitted type of land use (VRI) and where to apply
Entering new information into the cadastral registration will require contacting one of the following authorities:
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MFC or the nearest office of the cadastre;
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through the website of the State Services;
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local administration or Rosreestr.
In each of these cases, different regulations are prescribed, a different package of documentation that is required to be provided, as well as the speed of decision-making.,
Contacting the cadastral service
This is the easiest and most affordable option. The owner or other copyright holder must complete the application form provided for the amendment. In a special column, write the code and designation for the Classifier. It is worth carefully checking the correctness of the entered data, filling out the documentation without corrections, which may cause a refusal.
Such a case is suitable for those who have a PZZ, where it is clearly stated that the type of use of a land plot is available for a specific territory. In this situation, the list of documents and the processing time will be the shortest..
When to contact your local administration
For conditionally permitted VRIs, a public hearing will be required. Therefore, when contacting, it is necessary to have with you not only title papers, but also a number of other planning justifications that could help determine the possibility of assigning land.
Based on the results of the vote, in which residents of the local municipality will take part, it will be determined whether it is possible to introduce a new VRI or not. Based on the results, a change order or refusal is issued. The form is sent to the bodies of Rosreestr for making an entry in the cadastral registration.
Order through State Services
With the introduction of the “Portal of State Services of the Russian Federation”, it has become much easier to resolve all issues related to re-registration, submission of various documents, etc. list of documents.
Here you can order an extract from the PZZ for a specific territory in order to make sure in advance that it is possible to assign it the required item of the Classifier.
The term for changing the type of permitted use of a land plot by the owner
The procedure with filing an application through the cadastre takes 23 days from the date of contact, along with the entire package of papers. If the services are carried out through the MFC, then the duration is extended (up to four weeks). In the latter case, the countdown of 23 days will begin from the moment when the multifunctional center transferred the forms to Rosreestr.
For a decision through the administration, it will take from 30 to 45 days.
For what reasons can they refuse
Only if you have facts of violation of the law, as well as other problems with documents or category of the site. The most common:
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the adjustments contradict the information entered in the inventory;
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there is no information in the State Property Committee on assignment of an orientation;
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activities that are planned are not included in the list of Classifiers;
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in the list of the main species that can be assigned to a certain territory, there is no point required by the applicant;
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in the cadastral chamber there are no coordinates of the allotment;
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one or more owners did not agree to the procedure;
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improper filing of documents, errors, lack of title papers;
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“Prohibited zones”: coastal, sanitary, along the railway, near industrial and strategic facilities, reserves, cultural heritage, public use.
Problem situations and ways out of them
Among the most common problems is the inability to add the type of permitted use of a land plot to an existing one. For example, if it is planned to use the land on paper for a farm, then it is prohibited to erect residential real estate on it. In this regard, significant difficulties may arise..
They can be solved by changing the VRI, so that it is permissible to choose a different Classifier that allows you to simultaneously carry out agricultural work and build buildings for farmers.
Territory zoning rules
In relation to this process, strict regulations have been adopted, regulated by Art. 34 of the Civil Code of the Russian Federation, which is necessary to comply with building rules and other urban planning standards. Among the main restrictions that apply in this industry:
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you can combine lands with one type;
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a new building should not damage existing ones;
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compliance with the cultural, historical and religious characteristics of the area;
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the boundaries of the zones should coincide with the lines of other settlements, axial streets and highways, natural natural objects.
Let’s summarize
Now you know the procedure and procedure for changing the type of permitted use (VRI) of a land plot, on the basis of which you can collect documents, analyze activities, determine and select items of the Classifier. However, if there is no desire to engage in a long process on your own (which, with all the amendments, may take a year), it is worth entrusting the work to professionals. They will quickly, without delays, mistakes and failures, will be able to receive a positive resolution for the exploitation of land for any purpose. This will help save energy, time and nerves, having received everything you need to start building in the shortest possible time..
