Land categories and types of permitted use of land
The earth is an invaluable resource of mankind,which, if misused, may lose its function. Every year the area of a deserted, unsuitable territory increases. Therefore, legally established categories of land and types of permitted use are so important today.
What is the division for?
So, the earth, as already mentioned earlier, is not at allis an inexhaustible resource. Wrong and irrational use of it leads to the fact that the territory, suitable for human and animal life, is becoming less and less.
The legal definition of land categories and typespermitted use make it possible to control the use of sites at the state level, and also to minimize the loss of their useful qualities. The definition of a taxon to which the land belongs is valid. That is, the violation of the rules for the use of the territory bears administrative and even criminal responsibility.
What is the difference between definitions?
Land categories and types of permittedUse is not the same concept. The first definition is more important. This is the purpose of the application of the sites. And the presented division into categories largely depends on the state strategy, as well as the zoning of the whole territory of the country.
For example, to the lands designated foragricultural processing, it is possible to include all those plots in which the soil is fertile. To the forest fund it is necessary to list all those territories on which the corresponding vegetation is present.
That is, a category is a legal, documented description of the properties that this or that site possesses.
List of categories
The categories of land (land plots necessarily belong to one of them) can be as follows:
- Territories for settling settlements.
- Sites for farming: livestock, vegetable and horticulture.
- Specially protected land, the use of which is restricted to strict limits.
- Territory of special purpose, that is onit usually builds industrial facilities, energy facilities, communication lines, as well as those buildings that are important for ensuring the security of the state.
- Sites of the forest fund.
- The land on which water objects are located.
In addition, there are also other territories that belong to the state reserve fund.
Land categories and types of permitteduse is, as already mentioned, different terms. The second concept is some refinement. It speaks about the peculiarities of the use of sites within the framework of a special purpose.
Separation into types of permitted useland is considered the result of a more specific and detailed zoning of the territory within the same region or subject of the federation. And it is fixed by official documents.
For example, a holiday plot that relates tocategory of agricultural land, can be used to conduct garden or garden management, construction of real estate without the right to register in it.
It should be noted that, despite belongingcertain territories for the same purpose, they can have completely different types of permitted use. Therefore, it is important not to get confused.
What is the purpose of the settlement lands?
So, if in general categories of land and types of permitted use are known, then it is necessary to consider some points in more detail.
For example, the territory that is allocated fororganization of compact living of people, as well as the construction of all necessary infrastructure facilities, belongs to the category of settlement sites. It has a clearly delineated boundary and is surrounded by lands that have another designated purpose.
In this case, you can name such types of permitted use of land:
- Places where construction of multi-storey houses is planned. They can have different locations: linear or chaotic. Houses are built in such a way that they form whole neighborhoods or streets.
- Sites designed for the construction of transport nodes.
- Land for the construction of single-storey apartment buildings.
- The territory on which the buildings of the municipal economy are built, industrial facilities.
- Recreational zones. And they are not always located outside the settlement.
- Sites for the construction of energy facilities.
- The territory occupied by highways, roads, pipelines, communication facilities, canals.
- Areas within cities and towns that are occupied by water bodies.
- Agricultural areas for use within the specified category of land. The permitted use in this case is determined by law.
- Specially protected natural areas: parks, squares, monuments.
- The space of streets, squares.
- Reserve territories, due to which the settlement can be expanded.
On the sites belonging to this categorylands (the permitted use is clearly observed here), to the same extent there may be buildings of private, municipal or federal property.
They are usually located outside the settlement. The main function of these territories is the production of agricultural products. If agricultural land, the types of permitted use are as follows:
- Areas on which the roads are located. Here you can also include strips of alienation.
- Protective strips on which there is vegetation: trees, bushes.
- There are other types of permitted use of agricultural land, for example, sites for the construction of economic buildings: sheds, warehouses.
- Hayfields, pastures, arable land.
- Garden areas.
- Land-deposit. They often become so due to discontinuation of their intended use. In addition, the fallow areas can be used in a special way: to increase the fertility of the soil.
As can be seen, if the land is agricultural, the types of permitted use do not allow the construction of residential buildings on it.
Lands belonging to the forest fund, as well as to the water sector
These plots are not intended for constructionor growing horticultural crops. They usually have forest vegetation: trees, bushes, grass. The presented territory is intended for forest management: deforestation of trees, restoration of vegetation.
As for water bodies, they too may havedifferent types of permitted use. Some of them are located on the territory lying outside the city. Some of them may be located within the city and belong to the category of land of settlements. They include natural water bodies (rivers, lakes), water protection zones, artificial water objects (reservoirs, canals).
Features of the use of special lands
These are such territories, which are usually located outside the settlement. They are building energy, industry, defense and security facilities, television, communications and others.
Here the importance is not the presence of a fertilelayer of soil, and the location of the site, the presence of a specially created infrastructure for a particular facility. Such territories can be located compactly or in the form of a tape. The second type is more inherent in the objects of transport or industry. They are characterized by a considerable length, as well as the presence of a divert strip, which places these areas from territories of another category. However, if an industrial facility is located within the city, then the land below it belongs to the composition of the sections of the settlement.
What types of permitted use exist?
First of all, we can distinguish the main types of permitted use of land: the main (clearly regulated by law), auxiliary, conditionally-authorized.
From the standpoint of erecting various structures, they are as follows:
- For the construction of a residential individual house in which you can register.
- For the purpose of constructing buildings for agricultural purposes, in which a small production facility will be equipped, which will ensure the personal needs of the owner.
- For erection of a garden house or a summer residence in which people will not live and be registered.
- For the purpose of maintaining a garden or vegetable garden.
- For agricultural production.
Features of the application of sites
Types, categories of land give legitimate opportunity to control the use of the territory. However, this process has some peculiarities:
- Agricultural land is allowed to useto build a holiday home, but to register in it and permanently reside is not allowed. You can also build sheds and other outbuildings.
- If the site belongs to the category of land in settlements and is intended for individual housing construction, then in the erected house it will be allowed to register.
- The law protects the coastal zones of water bodies. For example, within 20 meters of the shore it is impossible to build any buildings, it is also forbidden to separate this zone.
- The smallest size of the plot on which the house is built is 4 weave. Without permission from the architecture department, building is not permitted.
- In order to build a cottage on a site for agricultural purposes, it is enough just to change the type of permitted use.
What if I need to use the site differently?
The type of permitted use is quite simpleChange if you need to do this within the same category. Otherwise, it will be necessary to tinker, as it is necessary to contact the appropriate authorities.
For example, to change a category, you need toit is compulsory to submit an application to the local administrative bodies on behalf of the person who is interested in the transfer. It indicates the currently existing type of permitted use of the territory, its cadastral number, as well as the type of permitted use that should be obtained.
Naturally, to this petition it is necessary to attach some documents: a copy of the owner's personal document, as well as those papers that indicate his right to own.
Further, the management bodies are obliged to conductpublic hearings of the case. At the same time, other interested parties are notified. At these hearings, all opinions are expressed for and against changing the type of permitted use of the land. Based on them, an appropriate decision is made: whether to allow the translation or not. The owner is then given a decision, after which all necessary changes are noted in the State Real Estate Cadastre.
If you need to change the category of land, then herethe situation is much more complicated. Here the decisions of the local government are not enough. It is necessary to contact other administrative bodies, which are at a higher level.
Here are all the features of the types of permitted use and categories of land.