What kind of land can you build a hotel on?

Victoria Rybalko, partner at the Moscow law firm Shcheglov and Partners, answers:

As a general rule, ownership of a building is registered in the name of the owner of the land plot. However, after registration of ownership of the guest house, the land plot, if there are legal grounds, can be divided into two. And then re-register ownership of the land and building. You can also try to allocate the marital share, for example, under a marriage contract, according to which the ownership of the guest house will pass to one of the spouses, who is an individual entrepreneur.

If there are no legal or moral grounds for the above options, it is possible to conclude a lease agreement for a guest house and then sublease it.

It should be noted that in the described situation, the owner will have the obligation to pay personal income tax on income received from leasing real estate, and he will also be deprived of the right to tax benefits in the event of the sale of rented real estate.

Restrictions on the owner's rights to the site

A land plot is a special type of property. The owner's powers to own, use and dispose of the future fate of the land have some restrictions. They are associated not only with respect for the rights of other persons, but also with the need to preserve certain qualities of the site itself. The limitations of a resource such as land and its value dictate the need to establish such restrictions.

Land legislation divided the country's territory into 7 categories of land. Of these, only two are available for citizens to own: farmland and land within populated areas (settlements). But a purchased or privatized plot cannot be used in any way. There is a specific purpose for it, prescribed in regulations. Violation of them may result in the loss of property, which will be confiscated.

There are more than 3,000 acceptable ways to use land plots. They are listed in a special classifier. It is worth contacting him at the planning stage of certain actions, for example, the construction of a hotel on an individual housing construction site. Otherwise, there is a high probability that the building will be declared unauthorized and subject to demolition.

The director of the secondary real estate office of Est-a-Tet, Yulia Dymova, answers:

Individual housing construction land involves the construction of only one house. When constructing an additional building, it is necessary to register it not as a guest house, but as an additional building - a bathhouse, a barn, etc. It is also worth considering that the owner of the land plot is your spouse, therefore, he will be the owner of everything that is located on this territory.

On what categories of lands can one build and on which ones cannot?

How to open a mini-hotel?

What can be built on individual housing construction lands?

It was already mentioned above that it is possible to build on land for individual housing construction. This includes mainly residential buildings, that is, houses, or sites for other construction.

It is worth mentioning that a hotel can be built on individual housing construction lands.

House

It is possible to build a house on an individual housing construction plot, provided that only one family lives in it.

He must:

• be located separately;
• not be attached to other residential buildings;
• occupy no more than one and a half thousand square meters.

According to the standards, the house should not exceed three floors, otherwise it entails administrative liability.

Here you can familiarize yourself with SNiP for individual housing construction.

Hotel

Whether it is possible to build a hotel on private housing construction lands is not stated in the law, but this conclusion is based on what is said in it.

As mentioned earlier, the construction of exclusively low-rise buildings in which only one family can live is allowed on individual housing construction lands.

But the concept of a low-rise building in our time is somewhat broad, so it is worth clarifying certain aspects of construction on individual housing construction lands.

Thus, houses with a height of up to three floors can be:

1. Residential individual premises.
2. Utility or industrial premises (warehouses).
3. Commercial premises (shops, shopping centers, restaurants, hotels).

Turning to the Town Planning Code, namely its paragraph 3, Article 48, the placement of design documentation is not necessary for individual housing construction.

That is, the developer can, at his own discretion, carry out the building project, having only received permission from the local government authority.

Other objects

The main permit for the development of individual housing construction plots is for single-family residential buildings, as well as multi-apartment buildings of no more than three floors in height.

Ancillary permits for the use of individual housing construction land are also taken into account. This includes:

• growing fruit and ornamental trees and plants;
• pet care;
• construction of utility buildings.

Legal General Director Alexandra Brodelshchikova answers:

The guest house erected is an unauthorized construction, since no prior permission for its construction was obtained.

In this regard, recognition of ownership of it is possible only in court. To do this, it is necessary to prepare a claim for recognition of ownership of the unauthorized construction.

The claim must justify whether the guest house complies with the requirements of SNiP (building standards), SanPiN (sanitary and epidemiological standards), fire safety standards and regulations. It is also important to prove that it does not pose a threat to the life and health of citizens.

In judicial practice one can find many examples of successful recognition of ownership rights to self-construction. Thus, by the decision of the Levoberezhny District Court of Lipetsk dated December 26, 2016 in case No. 2-2223/2016, the claim for recognition of ownership of an individual residential building, including a guest house, was satisfied. The plaintiff was able to prove that the erected structure complies with all construction, sanitary and fire safety regulations, and also does not threaten the safety of life and health of people.

Hotel on a plot for individual housing construction 2020 - how to build, on the ground

No hotel, no industrial plant, or any other building other than a single-family residential building can be built. Cases flash in the news from time to time when bailiffs carried out a court decision and demolished illegal buildings, no matter how solid they may seem.

A plot of land for individual housing construction is allocated only to solve the housing problems of one specific family. Despite the fact that the site is owned and construction is being carried out with the owner’s personal funds, the owner of the site will not have the right to build what he wants.

Not only the intended purpose of the land must be taken into account, but also all building codes and regulations. The distances from the red line, between neighboring houses and in relation to the fence, all this is strictly regulated. Violations are punishable by fines and requirements to correct construction errors.

Purpose of land

Anyone who acquires a plot of land for the first time is faced with such concepts as the status of the allotment, the category of land, VRI - the type of permitted use of the land plot.

At first, it can be difficult to understand how private household plots differ from SNT and individual housing construction. And how do these concepts relate to the question of how to build a hotel on individual housing construction land?

Each land plot belongs to one of seven categories that exist in Russia. Among them:

• lands of populated areas;
• agricultural category;
• water fund;
• forest lands;
• stock;
• specially protected;
• industrial.

All residential buildings and structures were built on the lands of settlements. Each category contains from several to several hundred permitted uses (APUs).

For individual housing construction it is also one of these types. Individual housing construction - individual housing construction.

That is, these are lands on which you need to build a residential building for one family. “Necessary” because this is the status of this land plot or its intended purpose. Let's see what can happen if this principle is violated. For example, if you build a hotel on private housing construction land.

Legal basis

Individual housing construction lands, norms and rules for the development of such sites are regulated by the Land and Town Planning Codes. According to the law, land plots must be used for their intended purpose. Construction of a residential building on the land for individual housing construction must begin within three years.

Otherwise, the land plot may be confiscated from the owner because it is not used for its intended purpose (Civil Code of the Russian Federation, Article 284). Purpose, according to the VRI, is the construction of a residential building.

Using the site for the construction of any other project is also considered a violation.

According to the building codes and regulations (SP 30-102-99), by which development is regulated, a residential building on an individual housing construction site must meet certain standards:

• there should be only one residential building on the site;
• should not be higher than 3 floors;
• the house must be intended for one family;
• the area of ​​the house is no more than 1200 square meters;
• certain standards of distance between buildings, both your own and those of neighbors, must be observed;
• There are certain minimum sizes of rooms inside the house.

If these standards are not observed, the house, according to the Civil Code of the Russian Federation, may be demolished. There were precedents when apartment buildings were built on individual housing construction sites. By court order they were demolished.

Hotel on a plot for individual housing construction

A hotel on a site for individual housing construction is the same violation of the rules as an apartment building. A hotel is a place where services for temporary accommodation of guests are provided. Neither by definition nor by the structure of the house are a hotel and a residential building on an individual housing construction site similar to each other.

In a hotel, even with a small number of rooms, the house is supposed to be divided into rooms, each of which is provided with amenities. It is unlikely that the house planned for a hotel will be accepted. But, if this is so, then any complaint from neighbors will put an end to such a business.

A good solution would be to change the type of permitted use. It's not that easy, but it's possible. Currently, the change of VRI occurs upon the application of the owner to Rosreestr.

Documents you will need:

• statement;
• copy of the passport;
• extract from the Unified State Register or certificate of ownership.

The application must accurately indicate the name of the desired VRI. It should be in the Classifier. If the issue is resolved positively, the hotel can operate legally. Otherwise, the hotel business will have to be conducted in constant fear for its construction.

Is it possible to build?

First of all, after receiving documents for a land plot, you must obtain a building permit. This is a document that is issued by authorized organizations and gives the right to construction and subsequent registration of the building. Without permission, the facility will not be accepted and put into operation.

Another necessary document before starting construction should be the project. The project for development on individual housing construction lands is prepared independently. It includes all buildings, communications, and their location.

A building permit confirms that the project complies with the site plan. Without permission it is impossible to start construction.

The director of the legal service “Unified Center for Protection” (edin.center) Konstantin Bobrov answers:

If you previously received permission to build a guest house, then you should not have any problems. And if it was erected in the absence of such permission, then there is a risk that it may be recognized as an unauthorized construction through the court and oblige you to demolish it at your own expense. To prevent such a situation, you need to file a claim in court to recognize the ownership of a guest house built without permission. In this case, you will have to prove that the building does not pose a danger to others and complies with building rules and regulations.

How to add a room to a private house?

I demolished a dacha, built a house - how to register it?

Purpose of the site

The purpose of any section of individual housing construction is determined by what category it belongs to, as well as what it is allowed to be used for.

This allows you to legally:

• own a plot of land;
• live on it;
• have a residence permit.

If the land belongs to agricultural use, then this entails some costs and prohibitions for its exploitation.

This is due to the Town Planning Code of the Russian Federation, namely paragraph 2 of the code, article 49.

On such a site, development is permitted only for individual houses, but not for commercial purposes for the sale of apartments or houses.

Norms

At the moment, a new land code 2020 is in the works, which will have completely different sets of rules for mandatory implementation. For now, current requirements must be taken into account.

Construction standards on an individual housing construction site are regulated by the Town Planning Code.

The law states that a single-family development is a single-family residential development, meaning a detached, rather than attached, house that has no more than three floors and is occupied by only one family.

The area of ​​an individual construction building should be no more than one and a half thousand square meters.

On the site, in addition to the residential building itself, the construction of adjacent premises, for example, a bathhouse, a garage, a summer kitchen and others, is permitted.

For the correct location, which will not contradict legal norms, it is necessary:

1. Draw up a plan for the construction of a plot of land.
2. Order an urban planning plan from the special architectural department of the local municipality.

Having received a construction permit in accordance with all requirements, it is necessary to submit a package of documents for construction to the appropriate authority.

Permission to build an individual residential building is issued by the authorities for a period of 10 years.

Types of permitted use

It is worth studying in more detail the question of what can be built on individual housing construction lands.

The types of permitted use of land in settlements depend on the zone of their location.

They can be used as lands:

1. Social and business nature.
2. Recreational.
3. Production.
4. Agricultural.
5. Engineering.
6. Special purpose.
7. Military.

There is also another category that applies to lands of other territorial zones. This includes those areas that are for general use - public parks, squares and squares.

As a rule, they are not part of the privatized land, and therefore belong to a completely different category of land plots.

The main use of land in settlements is residential buildings, which were also not included in the general classification. Small, medium and multi-storey residential developments can be used.

If you need a plot for individual housing construction, you should check whether the land plot has a cadastral passport.

This will not include lands for official purposes or for recreational purposes.

You can see what a cadastral passport for a real estate property looks like here.

What should be the category of land for summer cottage construction or construction of a residential building?

Many city dwellers dream of having their own home somewhere away from the city, in a picturesque, quiet place, on the shore of a reservoir.

But not everyone knows that you ca n’t build such a desirable house on just any site you like, or one you like visually.

If, before starting construction, you first have to buy land, it is better to find out its category and VRI before the start of the transaction , otherwise the money may be invested in the wrong place.

Even when building a house or cottage on your own, existing plot of land, you must be sure that using this land for construction is not prohibited by law .

Categories

Any plot of land belongs to a certain category and has its own purpose.

Construction of buildings (directly depending on the legal status of the land) can be:

• permitted by law;
• allowed, but subject to a number of restrictions;
• Absolutely forbidden .

It is possible to use a land plot strictly for its intended purpose (Land Code of the Russian Federation, Article 7).

More information about land classification can be found here.

The code specifies only 7 categories of land plots, but private houses and dachas are allowed to be built on only two of them:

You cannot build houses on the following categories of land:

• industrial;
• belonging to the water fund;
• on specially protected ones;
• related to forestry;
• stock.

Note. Land located on the territory of a populated area may have several purposes.

For example, in a village the land is divided into plots:

• for housing construction,
• agricultural land.

Both categories of land are suitable for construction, but when building a house on agricultural land it will be difficult to obtain a residence permit ; it can only be issued by a court decision.

built on the lands of settlements must be equipped with all communications so that it is possible to obtain registration and live in them permanently , at any time of the year.

It is necessary to follow the sample project, plan, and request a building permit.

For these purposes, the category of land in settlements with the type of permitted use of individual housing construction is suitable

VRI are types of permitted use, described more specifically (“beekeeping”, “gardening”, etc.), they should not be confused with categories (intended purpose).

If the category explains the general purpose - what the land is intended for - for settlements or for growing plants, then the VRIs specify them , that is, they describe more deeply and extensively - what exactly can be built or grown.

For one site with a designated purpose category, several types of permitted use may be used. In this case, the owner himself decides which permit to follow.

Sometimes (rarely) it is possible to build residential premises on land that does not fall under the appropriate purpose:

• if the category of this site has been changed,
• if there was a change in the types of permitted uses themselves,
• when applying a separate law (“On farming”, etc.).

Such lands are designated by law for the construction of the private sector and the development of human settlements :

The outlines of such territories are clearly separated. The category of such land can be changed only by changing the boundaries.

The type of permitted use depends on the territorial location in a certain zone .

Settlement land can have several zones :

• residential;
• agricultural land;
• public and business zone;
• recreational;
• production area;
• military facility;
• area reserved for transport;
• special purpose territory.

This list may be expanded. Finally, LZZ (land use and development rules) are applicable with the participation of local authorities. Taking into account also the fact that a section of a certain zone can pass through several types of permitted use, it can be assumed that the construction of a residential building (in isolated cases) is also possible in the zones:

• social and business,
• recreational,
• agricultural

If there is an urgent need to build a pharmacy in the area of ​​residential buildings, then you need to obtain documentary permission. This type of use: conditionally permitted .

You don’t have to take it into account; this is a separate story that has nothing to do with privatized lands.

The residential area for starting construction can be considered:

1. Construction of individual housing, cottages and garden houses. It is also allowed to build a utility room or garage, and cultivate beds.
2. Personal plot of land.
3. Blocked development of a residential building. Housing should be located in one row with common walls. Thus, ten combinations are allowed. A vegetable garden and a garage with a cellar can also be included.
4. The next category: mobile type of housing: camping, trailer, etc. It is even possible to connect them to general communications.
5. Services: household, social. This also includes schools, shops and markets.
6. House of 9 floors or more.
7. Mid-rise (from two to 8 floors).

Mini hotel on private housing construction

Luck smiled on the woman: The woman registered the house in the Sevreestr and has already outlined a redevelopment that would turn the rooms into spacious rooms. At their previous place of residence, the family sold the house and two one-room apartments. The woman planned to invest the proceeds of 7.5 million rubles into a plot with a house of at least sq. m. In Nizhny Novgorod, we still had elderly parents - my father and mother, nephew, sister and husband, and grandfather, a disabled war veteran.

VIDEO ON THE TOPIC: Hotels on lands for individual housing construction: in Sochi the cadastral value of real estate will be revalued

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On the possibility of building a hotel on private construction land

On the specified land plot there is a 2-story building, the ownership of which is registered as an individual residential building with an area of ​​.9 square meters.

The actions of the defendants revealed signs of violation of the requirements of land legislation, provided for in Part. The presence of these violations is confirmed by information from the Department of Municipal Control of the city.

Anapa dated 6. In connection with this, the administration of the city of Anapa believes that when operating an individual residential building owned by the defendants on the right of common shared ownership as a commercial guest house, the urban planning parameters of a capital construction project and the urban planning standards required for a land plot of individual housing construction are violated.

In addition, the plaintiff points out that the defendant did not comply with the procedure for assigning the status of non-residential premises to commercial residential premises. Change the type of permitted use of the land plot from the existing one - individual housing construction to another, providing for the possibility of using the land plot to place a guest house on it; Submit to the city administration.

Anapa title documents confirming ownership of the guest house at the above address; At the court hearing, the representative of the plaintiff was Khaloshin A.

Representative of the defendant Krus S. Defendant Ogonyan V. Having listened to the persons involved in the case and examined the case materials, the court finds the stated demands to be satisfied on the following grounds.

In accordance with Art. The legal regime of lands is determined based on their belonging to one or another category and the type of permitted use. According to Art. According to the certificates of ownership, the defendants have registered the right of common shared ownership of the above building as a residential building, and of the land plot underneath it, indicating the type of permitted use - individual housing construction.

At the same time, according to the technical passport data as of 4. In addition, the court conducted an on-site court hearing, as a result of which it was established that a large number of people live in the house, most of the living rooms are in use, there are personal belongings of people, household appliances, some of the rooms are closed on the key with reference to the absence of the second owner in the house, and the attic floor in the house is also closed with reference to the fact that televisions and other household appliances are stored there.

These circumstances give the court reason to believe that the specified residential building is used as a guest house, that is, a commercial facility, and accordingly does not belong to individual housing construction projects, which is a violation of current urban planning norms and land legislation.

In accordance with Part. The defendants did not provide evidence that they have permission to put into operation a guest house or mini-hotel. The construction of an individual residential building does not require the approval of design and other technical documentation, while all commercial facilities under construction must compulsorily prepare these documents.

In the case of exploitation of residential premises for commercial purposes, the residential premises must be transferred to non-residential or the intended purpose of this premises of the building must be changed in compliance with the procedure for public hearings by the local government body.

Taking into account the fact that the defendants did not provide evidence of the availability of documents confirming the fact of transfer of residential premises to non-residential premises or holding public hearings to change the purpose of the disputed building to a guest house or mini-hotel, the court believes that the operation of this building as a guest house with accommodation temporary residents in it may threaten the life and health of people, since the assessment of this building for use for commercial purposes by the authorities authorized in the field of urban planning was not given, which is the basis for a ban on the use of this building for commercial purposes as a guest house and does not prevent the defendants from using it exclusively as an individual residential building intended for one family to live in.

Based on the above, guided by art.

Sale of hotels in Crimea by the sea

Is it possible to build a hotel on private housing construction land? About the possibility of building a hotel on private housing construction land. The most popular types of land plots include, first of all, land in populated areas. They are the ones in greatest demand for development. The remaining categories also have some restrictions on use, so they sell less well.

Certain types of development

If the need arises to build an object that is not intended to satisfy personal needs, the question arises about the legality of its placement on an individual housing construction plot, especially if the land area allows for the placement of something else in addition to the house and ancillary buildings.

Rules for land use and development of territories allow you to change the main type of permitted use of land to one of the conditionally permitted ones .

Read more about how to find out the VRI of a site in a separate article.

To prevent the emergence of disagreements with state supervisory and municipal control authorities, divide the plots into two - one will continue to be used for a house and personal farming, the second - when changing the temporary residence, will be used for commercial purposes.

Townhouse

The concept of a townhouse does not exist in Russian legislation, but there is a concept of a residential building of a blocked development , under which this term can be “adapted”.

Conditions for the legality of the location of a townhouse on private housing construction lands:

• number of storeys no higher than three;
• number of blocks not exceeding ten;
• the presence of separate exits from each sector of the building to common lands;
• absence of door and window openings in the walls separating the blocks;
• the location of single-family blocks on land plots closely adjacent to each other;
• compliance with the norm for land allocation for the placement of one house (block).

Dividing a multi-section house intended for one family into shares and then selling them to different owners is illegal.

Attached house

If the land documents do not indicate otherwise, the construction of permanent and non-permanent extensions to a residential building located on individual housing construction lands is permitted .

It should be taken into account that the addition of non-permanent buildings does not require approval from the authorized bodies.

When constructing substantial extensions, it is better not to neglect the procedure for preliminary obtaining a building permit.

Of course, self-construction can be later legalized in court, but there are cases when the court will refuse to make a positive decision:

• location of the extension in close proximity to communication pipes and underground cables;
• destruction of the supporting structure of the building to ensure the integration of the extension into the structure of the house;
• the use of low-quality building materials or outdated construction technologies.

Multi-apartment residential building

It is not recommended to begin construction of an apartment building on individual housing construction lands before changing the VRI of the land .

Go through the entire procedure from collecting the necessary documents to obtaining permission to build an apartment building, and begin construction legally.

Several individual buildings

It is legally recommended to divide a plot of individual housing construction if you intend to place several residential buildings on it.

Requirements for each home:

• not exceeding the maximum number of storeys;
• maintaining the standards for a land plot for the placement of one residential building.

Hotel

The type of permitted use of the land plot “Individual housing construction” is unsuitable for locating a hotel-type facility .

Be sure to find out before purchasing and completing the transaction whether among the possible VRIs for the land you are interested in are the use of “Hotel services”, “Hotel services as roadside service” or related special types.

If there is no required VRI for the site, it is necessary to go through the public hearing procedure.

Fulfillment of the above requirements guarantees obtaining permission to build a hotel and the possibility of carrying out business activities using the constructed facility.