The Real Estate Department of the Ministry of Economic Development of Russia considered the issue of clarification of the norms of Order No. 540 of the Ministry of Economic Development of Russia dated September 1, 2014 “On approval of the classifier of types of permitted use of land plots” (hereinafter referred to as Order No. 540, Classifier) and reports the following.
- The adoption of the Classifier was due to the provisions of Article 7 of the Land Code of the Russian Federation and is aimed at streamlining the preparation of land use and development rules, streamlining the state cadastral registration of real estate, maintaining a unified automated document flow throughout the Russian Federation, and simplifying land use.
- It should be noted that before the publication of the classifier, when establishing the types of permitted use, the authorities independently determined the name of the type of permitted use. At the same time, after Order No. 540 came into force, the types of permitted use in the land use and development rules are established in accordance with the classifier.
- Local government bodies establish the types of permitted use in accordance with the rules of land use and development, if they were adopted before the entry into force of Order N 540, however, if the types of permitted use are established or changed in the rules of land use and development after December 24, 2014, then the types of permitted use must match the classifier.
Thus, according to paragraphs 12, 13 of Article 34 of the said federal law, before January 1, 2020, the local government body of the settlement, the local government body of the urban district are obliged to make changes to the rules of land use and development in terms of bringing the types of permitted use of land plots established by the town planning regulations in accordance with the types permitted use of land plots, provided for by the classifier of types of permitted use of land plots. At the same time, holding public hearings on the draft changes made to the rules of land use and development is not required.
Upon an application by the owner of a land plot to establish compliance of the permitted use of a land plot with the classifier of types of permitted use of land plots, a state authority or local government body authorized to establish or change the types of permitted use of a land plot, within one month from the date of receipt of such an application, is obliged to make a decision on establishing compliance between the permitted use of the land plot specified in the application and the type of permitted use of land plots established by the classifier of types of permitted use of land plots. This decision is the basis for amending the information of the State Property Committee on the permitted use of the land plot.
In accordance with Part 1 of Article 15 of the Federal Law of July 24, 2007 N 221-FZ “On the State Real Estate Cadastre”, authorized bodies are required to send documents for entering information into the State Property Committee in cases where they make decisions, including on the approval of land use and development rules, changing the type of permitted use of the land plot.
We note that the types of permitted use apply not only in connection with the provision of land plots, but also apply to land plots that are privately owned.
Additionally, we inform you that the Ministry of Economic Development of Russia plans to introduce appropriate changes to Order No. 540 based on the results of a generalization of the practice of applying the Classifier of Types of Permitted Use.
Order No. 540 of the Ministry of Economic Development of the Russian Federation dated September 1, 2014 approved a classifier of types of permitted use of land plots (hereinafter referred to as Order No. 540, classifier).
The classifier was developed in pursuance of clause 13 of the action plan (“road map”) “Improving the quality of public services in the field of state cadastral registration of real estate and state registration of rights to real estate and transactions with it”, approved by order of the Government of the Russian Federation of December 1, 2012 No. 2236-r, clause 2 of Art. 7 of the Land Code of the Russian Federation.
The classifier defines an exhaustive list of types of permitted use of land plots established after the entry into force of Order No. 540, contains the name of the type of permitted use, its description, code of the type of permitted use of the land plot.
According to paragraph 11 of Art. 34 of the Federal Law of June 23, 2014 No. 171-FZ “On Amendments to the Land Code of the Russian Federation and certain legislative acts of the Russian Federation” (hereinafter referred to as Federal Law No. 171-FZ), the permitted use of land plots established before the day of approval of the classifier is recognized valid regardless of its compliance with the specified classifier.
In accordance with paragraph 12 of Art. 34 Federal Law No. 171-FZ, before January 1, 2020, the local government body of the settlement, the local government body of the urban district are obliged to make changes to the rules of land use and development in terms of bringing the types of permitted use of land plots established by the town planning regulations in accordance with the types of permitted use of land plots, provided by the classifier. At the same time, holding public hearings on the draft changes made to the rules of land use and development is not required.
According to paragraph 13 of Art. 34 Federal Law No. 171-FZ, upon application of the legal owner of a land plot to establish compliance of the permitted use of a land plot with the classifier of types of permitted use of land plots, a state authority or local government body authorized to establish or change the types of permitted use of a land plot within one month from the date of receipt of such an application are required to make a decision to establish compliance between the permitted use of the land plot specified in the application and the type of permitted use of land plots established by the classifier of types of permitted use of land plots. This decision is the basis for making changes to the information of the state real estate cadastre on the permitted use of the land plot.
The document was registered with the Ministry of Justice of Russia on September 8, 2014 under No. 33995, and comes into force 90 days after its official publication (not published to date).
The text of Order No. 540 and the classifier can be found in the appendix to this news.
Order of the Ministry of Economic Development of the Russian Federation (Ministry of Economic Development of Russia) dated September 1, 2014 N 540 Moscow “On approval of the classifier of types of permitted use of land plots”
Comments from Rossiyskaya Gazeta
Registration No. 33995
In accordance with paragraph 2 of Article 7 of the Land Code of the Russian Federation (Collected Legislation of the Russian Federation, 2001, N 44, Art. 4147; 2003, N 27, Art. 2700; 2004, N 27, Art. 2711; N 41, Art. 3993 ; N 52, art. 15, 17; art. 763; 2006, art. N 23, art. 2880, 2881; N 43, art. 5279, 5498; , 24; Art. 1148; Art. 26, Art. 3009; Art. 5417; art. 2251, 2253; art. 3597, 3616; 2009, art. 3582, 3601, art. 3735, art. 6419, 6441; 15, art. 2531; art. 3880; art. 4562, 4567, 4594, 4605; ; N 49, Art. 7027, 7043; Art. 7343, 7359, 7366; N 31, art. 4322; N 53, art. 7643; 2013, N 9, art. 873; N 14, art. 1663; N 30, art. 4080; 2014, N 26, art. 3377) I order:
Order 540 Ministry of Economic Development
MINISTRY OF ECONOMIC DEVELOPMENT OF THE RUSSIAN FEDERATION
On approval of the classifier of types of permitted use of land plots
Document with changes made:
by order of the Ministry of Economic Development of Russia dated September 30, 2015 N 709 (Official Internet portal of legal information www.pravo.gov.ru, 10.23.2015, N 0001201510230025);
by order of the Ministry of Economic Development of Russia dated October 6, 2017 N 547 (Official Internet portal of legal information www.pravo.gov.ru, October 27, 2017, N 0001201710270001).
____________________________________________________________________
In accordance with paragraph 2 of Article 7 of the Land Code of the Russian Federation (Collection of Legislation of the Russian Federation, 2001, N 44, Art. 4147; 2003, N 27, Art. 2700; 2004, N 27, Art. 2711; N 41, Art. 3993 ; N 52, art. 5276; 2005, N 1, art. 17; N 30, art. 3122, 3128; ; N 23, art. 2380; N 27, art. 2881; N 31, art. 4412; , 24; N 10, Art. 1148; N 26, Art. 3075; N 45, Art. 5417; Art. 2251, 2253; N 29, Art. 3418; N 52, Art. 6236; 2009, N 11, Art. 1261; 3582, 3601; No. 3735; No. 6416, 6441; 2010, No. 3998; 2011, No. 47, 54; 15, art. 2029; N 25, art. 3880; N 29, art. 4284; ; N 49, article 7027, 7043; article 7343, 7365, 7366; article 7446, 2012; , art. 7643; 2013, N 9, art. 873; N 14, art. 1663; N 30, art. 4080; 2014, N 26, art. 3377)
1. Approve the classifier of types of permitted use of land plots.
2. Establish that in accordance with the classifier approved by paragraph 1 of this order, the types of permitted use of land plots that are established after the entry into force of this order are determined.
3. This order comes into force 90 days after the day of its official publication.
Registered
at the Ministry of Justice
Russian Federation
September 8, 2014,
registration N 33995
Introduction of a classifier of types of permitted use of land plots
On September 8, 2014, Order No. 540 of the Ministry of Economic Development of the Russian Federation dated September 1, 2014 “On approval of the classifier of types of permitted use of land plots” (hereinafter referred to as the Order) was registered with the Ministry of Justice of the Russian Federation under number 33995.
This document significantly changes the legal regulation of economic activity in relation to land plots, comments lawyer at the real estate and investment practice "Kachkin and Partners" Andrey Kulakov.
1. A closed list of types of permitted use is introduced.
Before the introduction of this classifier, it was possible to see such types of permitted use of a land plot as “to locate a children’s goods store” or “to locate a bank branch,” which made it difficult to assess the compliance of the type of permitted use with town planning regulations, etc. From December 24, 2014, when determining the type of permitted use, it will be necessary to use only one of the types contained in the classifier. At the same time, the name and description of the types of permitted uses are designed in such a way as to prevent abuse. So, for example, if it is necessary to establish restrictions on the height of residential buildings that can be built on a specific site, instead of the type of permitted use “to accommodate an apartment building”, “mid-rise residential development” or “multi-storey residential development” can be used, which will allow the developer to use the site only in accordance with the description of these types of permitted uses, without unnecessary interpretation.
2. There will be no need to change the permitted use determined before the Order came into force.
By introducing amendments to the Land Code of the Russian Federation by Law dated June 23, 2014 N 171-FZ “On Amendments to the Land Code of the Russian Federation and Certain Legislative Acts of the Russian Federation” (hereinafter referred to as Law No. 171-FZ), the legislator provided that the permitted use of land plots, established before the date of approval of the Classifier is recognized as valid regardless of its compliance with the specified Classifier (Part 11 of Article 34 of Law No. 171-FZ). At the same time, reorganization of a land plot (change of boundaries, division, etc.), entailing the need for cadastral registration, will entail bringing the permitted type of use of the plot in accordance with the Classifier.
Taking into account the fact that Law No. 171-FZ generally comes into force on March 1, 2015, there was legal uncertainty about the application of the Classifier in the period from the date of entry into force until March 1, 2015 to previously formed land plots, which is likely to be permitted by law enforcement practice.
3. Conflict between the classifier and urban planning documentation.
Taking into account the fact that the types of permitted use in the Classifier do not correspond to the types of permitted use established by town planning regulations, provided for in Part 2 of Art. 7 of the Land Code of the Russian Federation, the right to choose any permitted use provided for by urban planning regulations may conflict with the need to match the type of permitted use with the introduced Classifier. So, for example, the PZZ of St. Petersburg for the territorial zone TD 1_1 provides as one of the main types of permitted use “for the placement of retail trade facilities,” while the classifier provides for narrower types of permitted use: “shopping centers (shopping and entertainment centers )", "markets", "shops".
In connection with the above, before the town planning regulations regarding the types of permitted use are brought into compliance with the Classifier, formal contradictions may arise between the content of the town planning regulations and the Classifier.
Andrey Kulakov believes that in this case, when the copyright holder selects the appropriate type of permitted use as part of the urban planning regulations, the authorized body will apply the closest type of permitted use according to the Classifier, i.e. No significant difficulties in enforcement are expected.
To avoid legal uncertainty law firm "Kachkin and Partners" a corresponding request was sent to the Ministry of Economic Development of the Russian Federation.
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Order of the Ministry of Economic Development of the Russian Federation (Ministry of Economic Development of Russia) dated September 1, 2014 N 540 Moscow = On approval of the classifier of types of permitted use of land plots =
Quote on the topic “How can land plots be used?”:Current legislation demarcates Russian lands according to the purposes of use. There are seven of them in total - lands of agriculture, settlements, industry, specially protected areas, forest and water resources, as well as lands on which it is impossible to conduct economic activities.
In practice, the boundaries of these concepts turned out to be quite blurred, which is why local authorities interpreted them differently. To eliminate discrepancies, the Ministry of Economic Development has developed a clear, detailed classification of permitted activities on land plots. The new classifier divides all land plots into 12 groups and establishes 81 types of permitted use. For example, on agricultural lands you can only grow various plants, vegetables and fruits, grain crops, engage in livestock farming, beekeeping, and also raise fish in reservoirs.
Only residential buildings can be built on residential land. In areas of low-rise residential development, it is permitted to build houses no more than three floors high, intended for single-family residence. On such lands it is prohibited to locate hotels, sanatoriums, official residential premises at production facilities, as well as places of deprivation of liberty.
On lands intended for the construction of public buildings and structures, only housing and communal services facilities, hospitals, schools, cultural and art institutions, churches, local administrations and scientific organizations can be located. Land intended for industrial use is divided into 10 types. For example, nuclear power plants and nuclear installations can be located on sites provided to power engineers. On lands allocated for heavy industry, it is allowed to build automobile factories and mining and processing plants. On light industrial sites you can build factories for the production of clothing, medicines and any other consumer goods. On forestry lands, it is only possible to grow forest plantations, harvest wood and protect forest plantations from the effects of harmful human and natural factors. The classifier will come into force on December 23.
"Rossiyskaya Gazeta" - www.rg.ru
Order of the Ministry of Economic Development of the Russian Federation (Ministry of Economic Development of Russia) dated September 1, 2014 N 540 Moscow “On approval of the classifier of types of permitted use of land plots”
Order of the Ministry of Economic Development of the Russian Federation (Ministry of Economic Development of Russia) dated September 1, 2014 N 540 Moscow “On approval of the classifier of types of permitted use of land plots”
Date of signing: 09/01/2014
Date of publication: 09/24/2014 00:00
Registration No. 33995
In accordance with paragraph 2 of Article 7 of the Land Code of the Russian Federation (Collected Legislation of the Russian Federation, 2001, N 44, Art. 4147; 2003, N 27, Art. 2700; 2004, N 27, Art. 2711; N 41, Art. 3993 ; N 52, art. 15, 17; art. 763; 2006, art. N 23, art. 2880, 2881; N 43, art. 5279, 5498; , 24; Art. 1148; Art. 26, Art. 3009; Art. 5417; art. 2251, 2253; art. 3597, 3616; 2009, art. 3582, 3601, art. 3735, art. 6419, 6441; 15, art. 2531; art. 3880; art. 4562, 4567, 4594, 4605; ; N 49, Art. 7027, 7043; Art. 7343, 7359, 7366; N 31, art. 4322; N 53, art. 7643; 2013, N 9, art. 873; N 14, art. 1663; N 30, art. 4080; 2014, N 26, art. 3377) I order:
Maintenance of residential buildings (2.7) (location of capital construction projects, the placement of which is provided for by types of permitted use with codes 3.1 (utilities), 3.2 (social services), 3.3 (household services), 3.4.1 (outpatient services), 3.5. 1 (pre-school, primary and secondary general education), 3.6 (cultural development), 3.7 (religious use), 3.10.1 (outpatient veterinary care), 4.1 (business management), 4.6 (catering), 4.7 (hotel services), if their placement is related to meeting the everyday needs of residents, does not cause harm to the environment and sanitary well-being, does not cause significant inconvenience to residents, and does not require the establishment of a sanitary zone).
3. The use of land plots for the placement of fish farming infrastructure can be carried out by land owners, land users, landowners, tenants of land plots, holders of easements for the purposes of aquaculture (fish farming). The type of permitted use of the corresponding land plot is established in accordance with the Classifier of types of permitted use of land plots, approved by Order of the Ministry of Economic Development of Russia dated September 1, 2014 N 540 (registered by the Ministry of Justice of Russia on September 8, 2014, registration N 33995).
