If you want to use the site for business purposes, you will need to change its type of permitted use.
Exploitation of an allotment other than for its intended purpose is a violation of land laws .
For what types of activities is it necessary to change the VRI?
The most suitable for construction activities within the boundaries of populated areas VRI “For individual housing construction” cannot be used to make a profit. At the same time, the size of the plot may allow the placement of not only a residential building, but also a commercial facility.
Shop
Depending on the size of the future retail facility, two scenarios are possible:
- Dividing the individual housing construction site into two parts, one of which receives the VRI “Entrepreneurship” subsection “Shops”.
- Transfer of the entire plot for entrepreneurial use.
The newly assigned type of use allows the construction of retail facilities with an area of up to 5000 m2 .
Hotel
Construction of a hotel on the lands of populated areas requires obtaining a permit for construction work .
VRI "Individual Housing Construction" at the selected construction site will be the reason for refusal to issue the required document.
As in the previous case, you can change the VRI for part of the land mass for individual housing construction or assign a commercial purpose to the entire plot.
According to the current classifier, the possibility of changing the VRI of the site to another corresponding to code 4.7 “Hotel services” .
Car wash
Regardless of what type of washing unit you are going to install - a permanent one, or a modular, prefabricated one, you cannot do without changing the VRI section. It will be very difficult to prove to the controlling structures that the use of the constructed facility is intended exclusively for their own needs.
Assignment of permitted use 4.9 “Vehicle Maintenance” will allow placing on the ground not only car washes, but also other related facilities:
- Garage and parking lot.
- Gas station.
- Tire service and auto parts store.
Shopping and entertainment center
The plot for individual housing construction has limited dimensions, so it will not be possible to place a full-fledged shopping and entertainment complex on it. The minimum requirements for such a facility are a building area of 5000 m2 .
In addition, it will be necessary to provide a garage or parking for cars of the center's employees and its visitors. If all this can be arranged on your site, begin the procedure of changing the VRI of the land to code 4.2 “Shopping centers”.
Other objects
, the following commercial facilities can be built on the lands of settlements :
- Offices of production, trade, banking structures - subsection 4.1 of the Classifier.
- Markets, weekend fairs, trading platforms - code 4.3.
- Cafes and restaurants, snack bars and canteens – code 4.6.
- Children's attractions - code 4.8.
Before starting the procedure for changing the VRI, evaluate the size of the site for compliance with the planned purposes .
The lack of land to organize minimal services for a commercial facility can negatively affect its profitability.
How to transfer land from individual housing construction to commercial
Commercial activities are gaining popularity among ordinary citizens who had not previously thought about running a business. Purchasing special areas and shops is expensive, so more and more people are using their existing real estate.
For example, a person has a plot of land for individual housing construction, which has already been planned. He has a question: is it possible to transfer land from one status to another? This issue will be discussed further and a full action plan will be presented.
Current legislation provides for the possibility of transferring a land plot from the status of individual housing construction to commercial real estate. It is also possible to transfer from SNT status to individual housing construction, and only then re-register it as a commercial prerogative.
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The only question is why this is necessary, because the owner of a land plot can carry out any activity on his territory. This is not entirely true.
First, you need to understand what private housing construction land is. Individual housing construction is individual housing construction. Here we mean a plot of land that involves the construction of a house for permanent residence.
Typically, such sites are located near populated areas with developed infrastructure. The built houses can be connected to communication systems - electricity, water supply, gas system and other types of modern technologies.
However, certain requirements are put forward for an individual house - the house must be no more than 3 floors in height, and be intended for one family.
What is commercial land? It is a plot of land on which it is possible to build the following:
- build a gas station, a motor vehicle service station and other similar buildings;
- office and industrial buildings;
- shopping centers;
- sports complexes and social facilities.
As a result, it turns out that if it is necessary to build an industrial premises, a shopping center of more than 3 floors and other buildings, it is necessary to transfer the land plot from individual housing construction to commercial.
Failure to comply with the laws entails a fine and also provokes forced modification of the building or its complete liquidation.
In addition, commercial land is suitable for making simple profit - the new status of the land plot significantly increases its value.
Therefore, if the owner of an individual housing construction does not plan to build a private house for living and does not want to start a commercial business, he can sell it and make a profit.
Among other things, such land can be leased for the construction of a hotel or shopping center - but as a rule, entrepreneurs themselves want to purchase it.
Lease of land for individual housing construction from the state is discussed on this page.
Possibility and conditions of transfer
The issue of transferring land from individual housing construction to a commercial purpose of use is regulated by Article 37 of the Civil Code of the Russian Federation, Order of the Ministry of Economic Development of the Russian Federation No. 540, as well as regulations of municipalities.
The legal status of a land plot is determined according to its belonging to any category in accordance with the zoning of the territory. Since the district's environmental protection zone and urban planning plans are developed and approved by local government bodies (settlement administrations), it is there that you need to find out about the possibility of changing the purpose of the land.
The Town Planning Code of the Russian Federation guarantees the opportunity for each citizen to independently choose the land plot , but it must be taken into account that in some cases public hearings will be required.
According to current legislation, the same plot of land can have a main type of use, as well as conditionally permitted and auxiliary use. If your property, in addition to the main VRI “Individual Housing Construction”, has business purposes provided for by law, then changing the permitted use of the land is greatly simplified.
Target categories of land plots
What are the target categories of land plots? Photo No. 1
According to the previously mentioned Town Planning Code of the Russian Federation and some Federal Laws, the entire territory of our country is divided into separate parts of land plots, which are divided according to the target category. Such an organization of land registration allows the state to combat the misuse of land and illegal organizations.
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Today in Russia there are the following target categories of land plots:
- agricultural lands intended for agricultural activities;
- settlement plots owned and controlled by settlements (have subcategories: individual housing construction - for development of private households, and private household plots - for running personal subsidiary plots, as well as a number of others, less important and significant);
- land of special importance (reserves, natural monuments, resorts, etc.);
- water areas (rivers, lakes, etc.);
- forest areas (forests, groves, etc.);
- reserve lands owned by the state but temporarily unused;
- special purpose areas (television and radio broadcasting facilities, space facilities, etc.).
Commercial land does not belong to the categories noted above, but is a type (subcategory, as well as individual housing construction and private household plots). In fact, it can apply to both settlement and agricultural holdings. In any case, misuse of land is prohibited. Otherwise, monopolists would buy up the rivers and lakes of the Russian Federation, depriving ordinary citizens of water and selling it at exorbitant prices, which is simply unacceptable in relation to the concept of our state.
Procedure
If there is a residential building on the individual housing construction site, in which further residence is not planned, first of all it is necessary to transfer the building to the non-residential category .
In the case where it is planned to divide the plot, as well as maintain the status of a residential premises for the house, land surveying is carried out with the cadastral registration of the resulting parts. Here it should be taken into account that minimum size requirements are imposed on individual housing construction plots.
Read more in the feature article.
When changing to an auxiliary view
If the territory's land plot and technical regulations do not prohibit the assignment of land ownership to a commercial purpose of use, then a declaration is drawn up notifying the Cadastral Chamber of the intention to use the site for new purposes .
An annex to the declaration will be a land survey plan. A copy of the PZZ is sent to the department by the settlement administration when interdepartmental interaction is carried out.
For a conditionally permitted commercial purpose
The structure responsible for receiving applications and making decisions on permission to change the purpose of land use to a conditionally permitted type within the boundaries of a settlement is the settlement administration .
Owners of plots, as well as tenants, have the right to submit a petition to change the VRI of land, provided they have used the plot for more than 5 years . Tenants are required to provide written consent from the land owner.
The head of the administration appoints public hearings, in which all owners of neighboring land plots can take part. During the discussion of proposed changes, people's opinions are clarified and their objections are heard.
As practice shows, most often disagreement is expressed when planning to place on the ground objects that have a negative impact on nature - a car wash, a repair shop, as well as buildings that involve a large gathering of people, due to a possible violation of public order.
The positive decision of the head of administration to change the VRI of the land is sent to the Cadastral Chamber, which records the change in the status of the plot in the State Cadastre .
Under the store
In most cases, a transfer from individual housing construction to commercial real estate is carried out precisely to start financial activities through the sale of goods in a store.
Thus, a private house, in which people could previously live, is being restored into a store, organizing the appropriate space, installation of communications, and appropriate repairs.
In this case, the procedure for re-registration of the status of a land plot does not differ from the standard sequence.
As a rule, novice entrepreneurs or already experienced directors of organizations carry out the procedure for changing status from the position of a legal entity. This significantly speeds up the process of registering commercial activities in a given territory.
If the applicant and owner of the land is a legal entity, he may indicate the following points in the application for permission:
- name of the organization – you can specify the name of the chain if another store is opening;
- entrepreneur’s details – last name, first name and other passport data;
- postal address of the company;
- organizational and legal status of the company.
Individuals simply indicate their first and last names, as well as passport details.
Such submission of an application provokes a slightly different course of the procedure - the land with individual housing construction status is automatically re-registered as a store. The course of action, as mentioned above, does not change.
Transferring from individual housing construction to commercial real estate is a long and financially expensive process, so before making a decision you should think through your plans exactly.
Is it worth it? This is especially important if you are encountering commercial activity for the first time - income may not cover expenses.
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You can find the rules for developing a land plot for individual housing construction, the distance between houses: here.
About the allocation of land plots for individual housing construction, please follow the link for free.
Reasons for refusal
The refusal to satisfy the request may be appealed in court. But before filing an application with the court, make sure that the refusal was not a consequence of:
- Improper execution of the application.
- Incomplete package of required documents.
- Lack of rights to initiate an administrative procedure.
All these shortcomings can be easily eliminated, after which the application can be resubmitted .
