Changing the type of permitted land use

Our country ranks first in the world in terms of territory size. It would seem that this is where there is scope for the implementation of any projects, because we have plenty of land. However, not all so simple. Each land plot is intended to be used for specific purposes, the list of which is enshrined in the Land Code.

Often, owners need to change the category of a site for more efficient use. Is it possible to change the intended purpose of the land? And how to apply? What to do in case of refusal? – you will learn about all this from this article.

Characteristics and categories of land use

Any land plot is either private property (individuals or legal entities), or the property of the state, represented by federal, regional and municipal authorities.

In turn, land, as an object of ownership, has a number of individual characteristics: established boundaries, size, cadastral number, address, category of use. All these parameters are recorded in the state registration and cadastral service - Rosreestr.

Package of necessary papers

The required package of papers is listed in Article 2 of Federal Law 172, so these include:

• statement;
• document confirming the identity of the person submitting the documents;
• An extract certifying registration may be required; this is necessary if the applicant is an individual entrepreneur or legal entity;
• an extract from the Unified State Register of Real Estate (USRN), if there is no information on paper, employees will independently request the necessary information from the executive authorities;
• Documentary confirmation of rights to the land plot or consent from the owner will be required if all actions are carried out on the basis of use rights;
• For some categories, it may be necessary to provide an environmental assessment report.

You will also need to provide the basis for the transfer, supported by arguments and information about the existing category and the one to which you need to re-register.

The main stages of changing the category of a site

The procedure consists of the following steps:

1. The owner or tenant of the site collects the necessary package of documents and fills out an application in the prescribed form;
2. All this is transferred to the commission under the administration of the municipality or village council, which is in charge of the land plot (if the territory is regional or federal property, the package of documents is transferred to the appropriate administration);
3. The authorities to which the land plot is assigned convene a special commission. An application to change the category of a memory must be reviewed within 5 working days;
4. Based on the results of the meeting, the commission makes a decision and draws up an act;
5. The applicant familiarizes himself with the commission’s decision report. If the application is approved, changes are made to the cadastral and registration documents for the land plot. If the commission refuses, the applicant can challenge the decision in court.

Refusal to change the category of land

The applicant may be refused at the stage of submitting the application. Reasons for this may be that the person does not have the right to submit a petition, as well as incorrect or incomplete execution of the required attached documents. To re-apply, you must eliminate all the shortcomings indicated in the refusal documents.

An official refusal to transfer a plot of land to another category is made on the grounds listed in Art. 4 Federal Law 172:

• restriction (prohibition) on transfer to another category imposed by current legislation;
• the declared category contradicts the intended purpose of the allotment;
• The environmental state examination has identified the negative consequences of the upcoming transfer.

Another reason why a transfer cannot be made is if the cadastral value of the declared territory is too high (more than 50% relative to the average value for the region). In any of these cases, the applicant will be returned the full package of documents within 30 working days from the date of submission of the application, notifying him of the reason for the refusal.

The applicant can challenge the decision through the court and, if the court decides positively, send a new petition. The appeal procedure is as follows:

1. Obtain the act from the property and land department.
2. Draw up and submit a statement of claim to declare the drafted act illegal. Attach documents to the application:

• a photocopy of the issued act;
• a copy of the application and accompanying documents;
• documentation confirming the illegitimacy of the refusal or permission to transfer;
• receipt of payment of state duty;
• other documents related to the trial.

1. Having received notice of the place and date of the hearing, appear in court at the appointed time.
2. If the court satisfied the requirements of the statement of claim, obtain a copy of the court decision from the office.
3. Submit a second petition, attaching the court decision to the package of documents.

How to apply and change the type of land use?

The application is submitted to the head of the administration where the land plot is located. It should convincingly state the reason why the applicant wants to change the intended use of the site, provide arguments and evidence of increasing the efficiency of its use.

At the end, you must indicate the date, sign and list the attached documents:

• the applicant's general passport;
• title documents for the site;
• extract from the Unified State Register of Real Estate;
• cadastral passport;
• receipt for payment of state duty.

If the applicant does not have any registration documents, they can be ordered through the multifunctional center (MFC, My Documents). The package of documents with the application can be sent by mail or brought in person to the administration.

Collection of documents for changing the category of land

Collecting the entire package of necessary papers is not like going mushroom picking. You might get trampled in the forest, but in the season you’ll definitely collect a basket full. But you will have to go around looking for documents quite a bit until you put everything in a folder. You just have to have patience, strength and nerves - thousands of Russians still overcome this path. So, in order to transfer land from category to category, you will have to provide:

• an extract (with a blue stamp) from the state real estate cadastre. It must contain information about the current intended use category;
• copies of documents confirming the identity of the applicant: either a passport, or an extract from the register of individual entrepreneurs, or an extract from the unified state. register of legal entities;
• an extract from the Unified Register of Rights to Real Estate and Transactions with It. It must contain confirmation of your right to the transferred plot;
• if necessary (this will be discussed in the executive committee), the conclusion of the state environmental impact assessment;
• consent of other rights holders of the site to change the category of land.

Well, have you changed your mind about changing the purpose of the land? Well, that’s right - the one who walks will master the road!

In what cases can a refusal be issued? So what should I do?

The owner of the site may be refused in the following cases:

• contradictions were found in the title documents regarding the current intended use of the land;
• documents were prepared with violations;
• the land plot is unique and it is prohibited to change its purpose;
• There are objections from environmentalists;
• changing the category is prohibited by federal, regional or local legislation;
• approvals from higher-ranking authorities are required;
• The presented package of documents is not complete.

Based on a positive decision, an act on changing the permitted use of the land plot is drawn up. The owner submits a copy of the act to the cadastral registration authorities to correct the information base and title documents.

Challenging the commission's decision

Unfortunately, it is quite difficult to challenge the commission’s conclusion.

Practice shows that it is possible to achieve a review of a decision only in cases where the initial refusal is related to the preparation of documentation. Then the applicant again collects the necessary package of documents, clarifies and corrects the information contained in them, and again applies to the administration.

Types of permitted use of land plots

It should be noted that the legislator has provided for the following types of permitted use:

1. Basics . This type of permitted use is initially provided for this land plot based on the zone in which it is located. The use of this site does not require additional permits.
2. Conditionally permitted . This type of use is provided for by government authorities in the relevant urban planning regulations and a permitting procedure is provided for its implementation. This permission is obtained from the government authority based on the application of the copyright holder;
3. Auxiliary . Such use is intended solely in addition to the above and cannot be used independently.

Responsibility for misuse of land

The state strictly controls the intended use of land. The owner cannot arbitrarily build a store or a multi-storey residential building on his own garden plot - on the territory of the agricultural destination. To do this, you must first change the type of permitted use. There are other reasons for such changes, for example, the desire to increase the resale value of real estate. Inappropriate use of land is fraught with administrative liability. Owners are punished with fines ranging from 3,000 to 20,000 rubles or more, depending on the nature of the violations. Timely change of the type of permitted use of agricultural land and other categories of land allows you to avoid troubles with government agencies. Permission to carry out such operations is provided by the land committee, district, city or regional administration. To do this, you need to collect a package of documents and attach them to the application.

Detailed information on this issue is available on the official websites of the listed authorities.

Appealing a refusal to change the procedure for using a land plot

If the applicant is refused to change the type of use of the site, then he has the right to file a lawsuit to declare such refusal illegal. However, when going to court with this claim, it is advisable to assess to what extent the refusal is illegal and why it is illegal. In any case, the applicant will need to justify his demands for recognition of the refusal to change the type as illegal.

Judicial practice in this matter varies, since the grounds for refusing to change the type of use of a site are also different. The court will assess the legality of the refusal to change the type, taking into account the provisions of the current legislation, and decide whether to satisfy the plaintiff’s claim or to refuse. Since the sphere of land relations is not entirely simple and can be difficult to understand even for persons with a legal education, since they do not specialize in the relevant category of disputes, in order to save effort and possibly money, it is better to turn to professional lawyers in this area for advice.

Our office employs lawyers who are well versed in the issues of changing the types of use of land, and who can always advise on these issues and perform other legal actions in order to assist the client.