The rules of land use and development of the territory determine the permitted and intended use of land allotments, i.e., their operation in accordance with the purpose of creation. Unlike the general plan, the PPZ details the signs of the areas on which it is possible to build buildings, and the permitted objects themselves. Let us consider in more detail the features of the rules of land use and development.
Normative base
After the implementation of the Town Planning Code, legal revision and amendment of land use and development rules were carried out.
It is worth noting that for the first time they were approved long before the adoption of the Group of Companies. However, in the previous legislation there were no important components: the zoning scheme (map) and urban planning regulations for the zones allocated to it.
The new GRK establishes the need to create zoning schemes. They are graphic materials with the boundaries of zones for different purposes and their code designation. In addition, the formation of urban planning regulations for each allocated zone became mandatory. These materials - textual and graphic - should be included in local legal acts.
In other words, the draft land use and development rules is not a town planning document or its type. It should be considered as an independent regulatory act of the territorial authorities. The rules for land use and development of the municipal district govern both the use and change in the status and permitted use of immovable objects through the introduction of regulations.
Document structure
The rules of land use and development of a settlement or other settlement include 2 parts: general and territorial. The first sets out the requirements for the operation of allotments according to the Civil Code. The general part of the rules for land use and development of the settlement also contains a list of plots on which construction is permitted and not permitted. There are also provisions governing the process of use and development of land. At its core, the common part is an allotment classifier.
The territorial section contains maps of the settlement. They show zoning and determine the boundaries of the zones.
Scope
The rules of land use and development of a rural settlement (like any other settlement) are binding on the authorities, controlling structures, allotment owners, contractors, customers, developers, investors. The normative act is valid within the boundaries of a specific administrative-territorial unit.
The rules of land use and development of the urban district (municipality, village, etc.) have greater legal force than the general plan or other urban planning documentation. The content of the master plan is taken into account in the PPZ. When drawing up the rules for land use and development of a rural settlement, minor deviations from the general plan are allowed.
Land classification
In ZK fixed 7 categories of sites. These are the lands :
- agricultural purposes;
- settlements;
- forest fund;
- industry, computer science, transport, broadcasting, communications, energy, defense, security and other special purposes;
- specially protected objects;
- stock;
- water fund.
Any territory has its own category, i.e., a purpose has been established. Based on the belonging of a particular allotment to a particular category, the legal regime of the site is determined. In addition, permitted use within each group is of no small importance. It is determined in accordance with the zoning of the territory. The document governing this procedure is precisely the rules of land use and development.
Information on permitted use is entered in the state register of immovable objects in accordance with the urban planning regulation or regulatory act of the authority.
The following zones are distinguished as part of the land category of a settlement:
- residential;
- social business;
- production;
- transport and engineering;
- recreational;
- agricultural;
- special purpose;
- for military installations, etc.
Agricultural land can be used for:
- country building;
- LPH;
- farming;
- gardening, horticulture;
- haying, livestock, grazing;
- creation of protective forest belts;
- placement of facilities not used for agriculture (power transmission lines, pipelines, etc.);
- construction of buildings, structures for storage, processing, production of agricultural products.
The above list is not closed.
Authorized Entities
To change the type of permissible use of the allotment, the competent authority structure must take an appropriate decision. Land use and development rules may be approved by the head of the local administration or by a representative body of self-government. In the first case, a change in the type of allowable use of the allotment can be adopted before the approval of the PPZ. In the second, if the rules of land use and development are approved by deputies.
The transfer of the allotment from one category to another, in turn, is carried out exclusively by the representative authority when approving the general plan. And also when making changes.
The rules of development and land use establish a legal regime for each allotment, except for public areas (squares, monuments, parks, protected areas, cultural sites, etc.).
Features of the adoption of a regulatory act
According to the provisions of Article 7 of the LC, the transfer of agricultural land into the category of settlement territories is allowed. In practice, this is possible only after zoning. The order of this procedure is fixed by hl. 4 GrK. Zoning, in fact, is the adoption of the rules of development and land use. The village council or other authorized body approves the PPZ, thereby creating the basis for choosing the type of permissible use of sites.
Public hearings
If the adoption of the rules of development and land use of the municipality is a transitional task, the category of land is changed according to special rules. The decision is made based on the results of public hearings. The main stages of this procedure are:
- Submission of an application by the owner to the administration.
- The adoption by the authorized commission of a decision on the organization of hearings.
- Notification of the date and time of the event for the owners of neighboring sites.
- Publication of hearings in the official local media.
- Drawing up a protocol. This document records the course of the hearings, as well as comments and suggestions received from the owners and other interested parties.
- Issuing a commission conclusion on changing the type of permissible use of the site.
- The adoption by the head of the municipality of the final decision on the results of the event.
Important points
The official procedure for changing the permissible use of the allotment is mandatory in the case when the construction of objects on it is impossible without obtaining permission and a town-planning plan. In such situations, the project is additionally checked for compliance with the architectural planning task and the criteria for the type of use.
Special order
Prior to the approval of the boundaries of rural and urban districts, the inclusion of allotments in the settlement is carried out in several stages:
- The interested entity applies to the territorial authority with a statement.
- Authorized structures organize and conduct hearings. According to the results of the event, a conclusion is drawn up. It is sent to the regional government.
- Within a month, the executive body of the subject makes a positive decision or rejects the application.
Nuances
It should be said that the legislation provides for several exceptions. First of all, hearings are not held if the site is within the boundaries of the settlement, and a change in the type of use or category is carried out for recreational or residential development. In addition, if an application is submitted in respect of defense land, forest fund, then the necessary documents are sent not to the regional government, but to the appropriate authorized body (for example, the Federal Forestry Agency). If the answer is not received within a month, then the application is considered satisfied.
Content of General Provisions
The rules for development and land use of an urban district (other locality) are introduced for:
- Formation of conditions for the development of the territory in accordance with the general plan, environmental protection, preservation of cultural and historical objects.
- Ensuring the interests of legal entities and individuals, including owners of land plots and capital construction projects, equal rights of participants in relations arising from development and land use.
- Creating the right conditions for zoning and planning the territory.
- Ensuring the availability of information on the rules of development and land use of the city (other locality).
- Creation of conditions for increasing the investment attractiveness of the territory, including through the provision of the right to choose the most effective type of use of land and capital construction projects.
Regulation of the activities of participants in legal relations
The rules of land use and development of the city govern the actions of legal entities and individuals related to:
- Legal zoning of the territory and preparation of urban planning regulations for the parameters and types of use of allotments and other immovable objects.
- Land surveying (division) of the terrain to create sites.
- Granting allotment rights to interested parties.
- Preparation of justifications for making decisions on the withdrawal of land to meet municipal needs.
- Coordination of design documentation.
- Bringing the urban development documentation approved earlier in accordance with the current rules for development and land use.
- Granting construction permits, as well as commissioning of reconstructed or newly constructed objects.
- Control over the use of structures and their construction changes.
- Ensuring the availability of information on the procedure for adopting a decision on the approval of the rules for development and land use and their content.
- Correction of existing regulations. Changes may be made at the initiative of the local population.
Zoning map
She must be present in the rules of development and land use of the area. The map displays the boundaries and symbols:
- Territorial zones.
- Zones with a special mode of use.
- Territory with objects of cultural and historical heritage.
Regulations are introduced for land plots and capital construction facilities located within the zones displayed on the zoning map. Their effect, however, does not apply to sites located in the territories:
- Ensembles and monuments included in the register of cultural objects of the peoples of the Russian Federation or being newly identified cultural and historical objects.
- Common use.
Regulations also do not apply to linear features.
If the boundaries of zones with a special regime of use are not shown on the map, then they are included in the rules after they are approved in the manner established by applicable law.
The content of the regulations
These regulatory documents indicate:
- Types of use: main, conditionally permitted and auxiliary.
- Limit (minimum or maximum) sizes of plots, parameters of construction / reconstruction of capital facilities.
- Restrictions on the use of real estate provided for by law.
Development and Land Management Commission
This body is considered permanent and is formed by the head of the administration of the municipality. The commission is responsible for the proper implementation of the rules. It carries out its activities in accordance with the PPZ, regulations and other regulatory documents.
The commission consists of the heads of subdivisions of the administration of the settlement, performing functions in the areas of:
- architecture and urban planning;
- property relations and land resources;
- nature management;
- environmental safety;
- economics and other areas.
By decision of the representative body, deputies may also be present on the commission. In addition, subjects representing private and public interests of owners of real estate, commercial and other organizations, etc., may participate in its work.
Credentials
The commission implements the following tasks:
- It submits the project to the local government authority to verify their compliance with technical regulations, the general plan, and territorial zoning schemes.
- Holds hearings in the manner prescribed by the rules.
- Prepares recommendations based on the results of the hearings, including on the approval of the conditionally permitted type of use, on deviation from the maximum permissible parameters of reconstruction and construction, on the settlement of disputes related to appeal of decisions related to development and land use, in the pretrial order. These recommendations are transmitted to the head of administration.
- Prepares proposals for amending (supplementing) the rules, draft regulatory and other documents relating to the application of the PPZ.
Features of the preparation of recommendations on deviations from the limiting parameters
The Commission has the right to request from authorized bodies that carry out functions in the fields of architecture and urban planning, sanitary and epidemiological surveillance, environmental protection, etc., conclusions. Within 14 days from the date of receipt of the request, these structures should send a response to the commission. The conclusions include the following information:
- Description of the conditions and the possibility of observing the interests of the owners of neighboring (adjacent) plots, other interested entities (legal entities, including) in case of deviations from the limit indicators of permissible reconstruction (construction) of capital facilities.
- Conformity assessment of the owner’s intentions endowed with the provisions of the PPZ
- Characterization of the possibility and conditions for the applicant to comply with technical regulations, standards and norms envisaged to ensure the protection of nature, the cultural and historical environment, security of residence, and public health.
The decision to issue a permit to deviate from the permissible parameters or to refuse this is taken by the administration of the village. The applicant may challenge the decision in court.
Permission is issued for 5 years. If before the expiration of this period the applicant has not begun construction / reconstruction, the administration has the right to extend its validity, but no more than for a year, and if during this time no changes have been made to the town-planning regulations affecting this case.
Prevention breach: liability
Criminal, property, administrative, disciplinary sanctions may be applied to entities guilty of violating the provisions of regulatory acts governing urban planning, nature conservation, the procedure for using land. Responsibility comes in accordance with federal laws, as well as regulatory acts of the regional and local level.
Sanctions may apply not only to citizens, but also to organizations, as well as officials.
Conditionally permitted use of plots
According to the PPZ, the interested person must send an application to the commission for development and land use of the rural / urban settlement. Application can be submitted at:
- Preparation of territory planning documents.
- Planning the reconstruction / construction of a capital facility.
- Preparation of documentation for changing the type of use during the operation of the site or structure.
- In other cases provided for by the PPZ and regulatory acts.
The decision to issue documents for conditionally permitted use is made based on the results of public hearings. The Commission for Development and Land Management prepares reasoned recommendations on granting permission or refusing it.
The final decision should be published in accordance with the rules provided for the official publication of normative acts adopted by executive authorities, other official information. It can be posted on the website of the administration of the urban / rural settlement.
, .
, .
, , , , , , , , .
46- . , . . , , :
, , , , / :
- , .
- , .
- , .
, .
( ) :
- .
- .
- .
, , / .
Additionally
. , , , , .
, . .
. .