The Land Code of the Russian Federation establishes the concept of "land of settlements". This is the name of certain zones on which it is possible to carry out the construction of various facilities. Read more about this topic in the article.
Land types
The Land Code of the Russian Federation Article 83 prescribes the definition of populated lands: these are plots whose purpose is only to develop villages, cities or districts. The development of these sites is also the responsibility of developers. What types of land are there today ? If we are talking about permitted use, then it is worth highlighting eight separate zones. This includes military, residential, social and business, manufacturing, agricultural, engineering and recreational (restoration) settlements. The eighth category is, as a rule, territories of special purpose. At the same time, some experts identify the ninth type of inhabited land, which includes streets, squares, driveways, etc. The generally accepted name for this category has not been established, but the Land Code of the Russian Federation refers to it as "other territories."
The concept of land settlements
Having figured out what the types of the main territories are, itβs worth moving on to the direct concept of land settlements. What does the law say about this?
There are four legal articles to identify a specific interpretation of the concept under consideration. Settlement lands are, according to the law, an officially registered and certified territory located at some distance from other objects. This territory is used for development, the formation of infrastructure, other urban or rural facilities. It is very important to adhere to clear rules regarding development and land use. The main such rules will be described later.
Land use in the village
To begin with, it is worthwhile to disclose in a little more detail the main points regarding the direct use of land territories. As mentioned above, there are nine main territorial types, only two of which can be used by individuals, that is, ordinary citizens. As you might guess, these are agricultural and residential areas. Why are these territories needed, how exactly are they built up?
According to Article 85 of the Land Code of the Russian Federation, the considered land plots are used for such purposes as:
- small, medium or multi-storey buildings;
- residential or individual development;
- the construction of cultural or domestic premises.
Moreover, all of the above elements can be attributed to both residential and agricultural areas. However, in the case of the latter, this is not limited to this. So, here it is worth highlighting perennial plantations, arable land, hangars and other important elements.
Thus, the land of settlements is a very broad and complex structure, with many different kinds of rules and attitudes.
The composition of land settlements
According to the law, settlement lands are divided into several main subspecies and categories. There are four of them in total, and therefore itβs worth telling about each in more detail. Here is what can be distinguished here:
- Country non-profit partnerships, or DNP. It is easy to guess that the boundaries of this type of land are set outside the city limits. Any citizen is able to acquire a certain part of the land, as a result of which it will enter into the partnership itself. Thanks to this, in the future a person will be able to take part in DNP meetings.
- Garden Nonprofit Partnerships - SNT. Unlike DNPs, their cost is somewhat more expensive. This is due to increased fertility.
- Individual residential development - IZHS (Z). This category already applies to urban, or any residential area. Registration is supposed, arrangement of various communications and infrastructure elements is considered necessary.
- Personal subsidiary plots (LPH). These are ordinary fields intended for sowing, harvesting, etc. The construction of residential buildings on the territory of private household plots is prohibited.
Some of the categories presented will be described in detail later.
Land conditions
The use of settlement lands, as can be seen from the above materials, can be very diverse and multifaceted. And how can you get this or that territory? Under what conditions is this possible?
A lease agreement, or a special permission of the authorities - these are two types of documents on the basis of which it will be possible to use any available land. However, no less important than the availability of all necessary documentation is the compliance of all construction works with certain urban planning rules and requirements. In fact, we are talking about observing the boundaries of the land, as well as the safe and high-quality construction of various facilities.
Naturally, there are quite a few documents and laws (the same Land Code), where the conditions for the provision of land are spelled out in more detail. However, only two key points need to be remembered: documentation and compliance with the rules.
IZHS Terms of Use
Individual residential development is the most common category among Russian citizens. That is why it is worth telling more about it. The purpose of land in IZHS is, as already mentioned, the construction of residential complexes and infrastructure. What objects can be discussed here?
- low-rise houses (no more than three floors);
- gardens and kitchen gardens;
- utility rooms (garages, sheds, storage rooms, basements, etc.);
- garden houses;
- organization of personal plots;
- mobile homes
... etc. At the same time, it is worth remembering that such a category of settlement lands as individual housing construction requires a special cadastral valuation. This procedure will be discussed further.
Land acquisition
Before you talk about a procedure such as cadastral valuation, you need to give some tips on how to make out the acquisition or lease of land.
At the very beginning, you should study the territory itself, its type and features. Only after a competent analysis will it be possible to understand whether it will be possible to build one or another object on it. Before submitting all documents, it is necessary to check whether there are discrepancies between the real state of affairs and what is written in the passport, description, advertisement, etc.
In the case of private housing, land is usually owned by the state. That is why the contract of sale must be drawn up with the local municipal authority. It is also worth listing the basic documents necessary for the purchase or lease of land in an urban settlement. These include, first of all, civil and cadastral passports.
Cadastral valuation
Why is a cadastral valuation necessary? First of all, to determine the value of the object. The assessment is influenced by many different principles, conditions and situations. This is the economic situation of the state, and the location of the site, and even the identity of the potential buyer.
What are the stages of cadastral valuation of settlement lands? Here it is worth highlighting:
- collection and analysis of information on the all-Russian market ;
- characterization of the location of a site;
- assessment of possible value;
- presentation of analysis results;
- final definition of cadastral value.
Assessment is required by specially authorized employees who have received a certain education and work experience. You can contact them for help through a special Russian registry.
About land tax
Making, renting or buying land from settlements is a combination of many different events. Land tax calculation is also included in this system.
Land tax always accompanies the location, size and type of a land plot. Either the direct owners of the territory or persons who inherited the land are required to pay the tax. On the other hand, the tax cannot be paid by persons who have the right to gratuitous urgent use, or by citizens who have entered into a lease.
For all plots, 1.5% tax of the total cadastral amount is set. The only exceptions are agricultural territories, individual housing buildings or gardens, kitchen gardens and other household plots. It is also worth noting that certain benefits are set for war veterans, heroes of the Russian Federation or the USSR, people with disabilities and some other persons.
Misuse of land
The designation of settlement land should always be only targeted. Otherwise, Russian legislation provides for certain elements of responsibility for the use of land for other purposes. What exactly can individuals be held accountable for?
According to Article 8.8 of the Code of Administrative Offenses of the Russian Federation, the fine can be very significant - about 1% of the cadastral value of the territory (with a minimum amount of 10 thousand rubles). For a clearer understanding of the whole situation, it is worth giving one simple example. A certain citizen acquires a plot in order to build a house on it. However, authorities soon find a store on the site of the residential building. As a result, the citizen pays a fine and demolishes the building.
The use of settlement lands should be carried out in strict accordance with certain rules and regulations. Otherwise, the legal consequences will not be most favorable.
Land uses
Above, the basic structural elements of the territories, their types, land valuation of settlements and possible liability for misuse of sites have already been identified. For completeness, it remains only to supplement the topic related to the possible types of sites.
What land is purchased for business? In the classifier (RF LC) this is the fourth paragraph, code 4.4. This is exactly the territory on which it is possible to build all kinds of capital structures (office centers, hypermarkets, entertainment facilities, etc.).
However, it is worth returning to simple sites for individuals. Such sites are divided into three main groups. The first type of settlement land is a permitted use plot. It differs in the absence of the need for additional coordination with the authorities. The second type is conditionally permitted. There is a condition - the definition of the site according to the urban planning regulations and its subsequent approval. And finally, the third type, which is called auxiliary. It refers to the two mentioned above as an addition (car parking at the store, a platform near the entertainment center, etc.).