Order of the Ministry of Economic Development dated 01.09 540. Results of practical application of the Classifier of types of permitted use of land plots: advantages and disadvantages. Introduction of a classifier of types of permitted use of land plots

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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, office 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; N 30, art. 3128; ; 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; 2011, art. 1688; 15, art. 2531; art. 3880; art. 4562, 4567, 4594, 4605; ; N 49, art. 7027, 7043, no. 7365, 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, land tenants, 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).

In recent years, legal regulation in the field of land and property relations has undergone significant changes. One of the main regulatory legal acts that significantly influenced the reform of land legislation was the Classifier of types of permitted use of land approved by order of the Ministry of Economic Development of the Russian Federation dated September 1, 2014 No. 540.

The classifier was developed in pursuance of paragraph 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 Decree of the Government of the Russian Federation dated December 1, 2012 No. 2236 -r, paragraph 2 of Article 7 of the Land Code of the Russian Federation and defines an exhaustive list of types of permitted use of land plots (hereinafter also referred to as VRI, types of permitted use).

The classifier is aimed at eliminating unsystematic nature, excessive specification, and unnecessary diversity of types of permitted uses that have developed as a result of many years of practice of independent establishment of VRI by local governments by enshrining them in the rules of land use and development of municipalities.

The VRI classifier is a unified system of typology of types of permitted use of land plots. It establishes a certain standard for the types of permitted uses - their names, contents and codes. The description of the type of permitted use contains the permitted activities on the land plot, the types of objects whose placement complies with the established VRI.

The types of permitted use of land plots are set out in the Classifier not simply by sequential listing. In the structure of the Classifier, individual types of permitted use are combined into larger groups. This grouping was used not only for the most understandable perception of the information contained in the Classifier, but also, as practice shows, it is convenient for the developer of land use and development rules to use when preparing urban planning regulations.

It is worth noting that the description of the content of the types of permitted use is quite broad and includes a wide range of activities permitted to be carried out on the land plot, including the placement of objects that previously should have been included in the auxiliary types of permitted use . For example, the content of the types of permitted use of “Residential development” includes the placement of garages and parking lots. In addition, some of the types of permitted use of land plots associated with residential development include the cultivation of fruits, berries, vegetables, melons, ornamental crops, the arrangement of sports and children's playgrounds, and recreation areas. In this example, we are talking about the accompanying use of a land plot, which is inextricably linked with its main purpose, and, in fact, is an auxiliary type of permitted use.

This circumstance eliminates the need to establish in urban planning regulations the placement of objects required for the full functioning of the territory (such as objects intended for temporary storage of motor vehicles, objects serving residential buildings, etc.) as auxiliary types of permitted use in residential, public, business and other areas, which is certainly a positive thing.

In addition, Order No. 540 contains a separate clause stating that the content of all types of permitted use listed in the Classifier allows, without separate indication in the Classifier, the placement and operation of a linear facility (except for public railways and public highways of federal and regional significance) , placement of protective structures (plantings), land reclamation objects, antenna-mast structures, information and geodetic signs. It follows from this that engineering and technical support facilities for buildings, structures, and structures are permitted in all territorial zones.

Considering that the functioning of almost any facility is not possible without utility networks (communications, water supply, sewerage, electricity, heat, etc.), previously their indication was necessary in the urban planning regulations of all territorial zones as an auxiliary type of permitted use, and With the adoption of the Classifier, which established the possibility of placing and operating linear objects together with any type of permitted use of the land plot without the need to separately indicate such objects, the content of urban planning regulations was significantly simplified.

The considered examples clearly illustrate that the VRI Classifier has significantly facilitated the work of preparing land use and development rules by unifying approaches, eliminating discrepancies that arise when determining the types of permitted use, eliminating their excessive detail, which leads not only to overload of urban planning regulations, but also to subsequent the need for frequent adjustments.

It would seem that the unification and streamlining of VRI by introducing a single terminology with clearly defined content by the Classifier should eliminate the problems of double interpretation and incorrect definition of types of permitted use when preparing draft rules for land use and development, which, in general, is what happened. However, the structure of the Classifier and some formulations of the VRI in practical application cause more difficulties than eliminate inaccuracies.

As a result of practical activities in the preparation of urban zoning documents, specialists, state authorities, local governments, as well as other law enforcement officials had to face a number of intractable issues caused by the newly introduced types of permitted use enshrined in the Classifier.

It is worth noting that the developers of the Classifier, understanding the significance of its adoption and at the same time realizing that the first edition was not perfect, initially anticipated the inevitable need for adjustments in order to improve it. So, M.V. Bocharov, Deputy Director of the Real Estate Department of the Ministry of Economic Development of the Russian Federation, noted that “Its improvement will also continue in connection with the emergence of new types of activities (an example is the institution of non-profit hiring), and in order to better adapt the classifier for other needs – assessments, provision of land plots, etc. At the same time, in its improvement it is necessary to show a certain restraint and wisdom. The needs and conditions of many regions may differ (for example, some cities have special zoning and naming traditions), but it must be understood that the classifier must serve the interests of the country as a whole, and its subsequent changes must be justified by compelling reasons.”

At the same time, before making the necessary changes, realizing the imperfection of the Classifier, as well as showing “restraint and wisdom,” law enforcement officials, when faced with problems in the process of using it, tried to independently find optimal solutions to overcome such problems and adapt the Classifier taking into account the specifics of municipalities.

One of the main, significant shortcomings associated with determining the types of permitted use for residential development was identified during the first application of the Classifier in practice. As a result of the use of established standards, an ambiguous situation has arisen regarding the definition of VRI for the zone of low-rise residential development, which is typical, as a rule, for most municipalities of the country.

The classifier did not provide for the main type of permitted use, reflecting the needs and fully corresponding to the purpose of the low-rise residential development zone. In the original edition of the Classifier, a type of permitted use was proposed: “low-rise residential development (individual residential construction; placement of country houses and garden houses)”, which actually meant individual residential construction, namely “location of a residential building not intended to be divided into apartments”, which automatically excluded the possibility of its use as a VRI, providing for the construction of low-rise multi-apartment residential buildings. Thus, the Classifier did not provide for the type of permitted use, which could clearly and indisputably include 2-3 storey apartment buildings.

In search of the most suitable solution, the option of including in the urban planning regulations of the low-rise residential development zone such a basic VRI as “blocked residential development” with a maximum number of blocks of up to 10 was considered, which, in turn, makes this development close to multi-apartment residential buildings. This option for using types of permitted use is not entirely suitable for municipalities where construction of multi-apartment residential buildings of 2-3 floors with more than 10 apartments is planned or exists.

Realizing some of the problematic nature of this approach, in search of other solutions, another option was found, which consists in establishing the main VRI “mid-rise residential development” and limiting it in parameters - the number of floors to 3 floors. However, it should be noted that this decision could contradict urban planning standards, which provide for a mid-rise residential development with a number of floors of 4 and above. So, for example, regional standards for urban planning of the Khanty-Mansiysk Autonomous Okrug - Ugra, approved by the Decree of the Government of the Khanty-Mansiysk Autonomous Okrug - Ugra dated December 29, 2014 No. 534 - p, provide for mid-rise residential buildings from 4 to 8 floors. Therefore, it is worth recognizing that not a single approach fully eliminated the existing problem and was not an optimal solution.

Considering the above, the most expedient and effective solution was to make changes to the Classifier that would make it possible to unambiguously determine the type of permitted use of land plots and objects located on them.

Continuing the issue of residential construction, it is necessary to dwell on another gap associated with the lack of possibility of placing residential country houses on agricultural lands. The specified VRI, despite its relevance and prevalence both in urban districts and in settlements, is not provided for by the Classifier. This circumstance entails negative consequences in the form of the inadmissibility of the formation of a land plot for this type of permitted use and, as a consequence, the placement of such VRI.

To be fair, it is worth noting that the Classifier did not completely overlook the issue of dacha construction. Thus, the placement of country houses was provided for by the VRI “low-rise residential development (individual housing construction; placement of country houses and garden houses)”, however, this type of permitted use is applicable only to the lands of a populated area, which does not correct the problem that has arisen.

Considering that this issue is extremely relevant, and the VRI is in demand for many municipalities, in order to fill the gap, there was also a need to amend the Classifier, in terms of adding the corresponding type of permitted use.

In addition, in some cases, a negative reaction from law enforcement officers was caused by the illogical and inappropriate distribution of VRI into groups. In particular, the incompatible combination was enshrined in the VRI “public services”, which included “Placement of capital construction projects in order to provide the population and organizations with public services, in particular: supply of water, heat, electricity, gas, provision of communication services, drainage of sewerage wastewater, cleaning and cleaning of real estate (boiler houses, water intakes, treatment plants, pumping stations, water pipelines, power lines, transformer substations, gas pipelines, communication lines, telephone exchanges, sewerage, parking lots, garages and workshops for servicing cleaning and emergency equipment, waste incineration and recycling plants, landfills for disposal and sorting of household waste and waste, collection points for recycling, as well as buildings or premises intended for receiving the population and organizations in connection with the provision of public services to them).”

This VRI contained conflicting permitted uses for one group. Since such VRI as “public services” is typical for inclusion as the main and auxiliary types of permitted use in the urban planning regulations of many territorial zones, the establishment of some VRI in it is simply unacceptable. For example, “public services” is subject to inclusion as the main type of permitted use in a number of public and business zones, which, in turn, automatically causes a negative attitude towards the possibility of locating “Waste incineration and recycling plants, landfills and sorting of household waste” in them ”, taking into account the degree of negative impact on the environment of these objects, while “gas pipelines, communication lines, sewers, etc.” are not just acceptable, but are necessary VRI for the normal functioning of objects located in these territorial zones. Waste incineration and recycling plants, landfills for disposal and sorting of household waste are special facilities that require the establishment of sanitary protection zones, and are subject to inclusion in the appropriate group of VRI “Special”. Previously, they tried to solve this problem by establishing such a restriction in urban planning regulations as a ban on the placement of objects that harm the environment and sanitary well-being, which meant the inadmissibility of locating factories and landfills that required the establishment of sanitary protection zones. At the same time, the above circumstance predetermines the need to differentiate the objects contained in the description of the VRI “public services” and exclude “Waste incineration and waste processing plants, landfills for disposal and sorting of household waste.”

The content of some VRIs raised questions during the work, to which reasoned answers were not found. For example, one of these questions is related to the description of the content of the VRI “road transport”, which fixes the “location of highways out of bounds populated area,” to which a completely reasonable question arises: “what about roads within the boundaries of a populated area?” I believe that there are no arguments that determine the correctness of this formulation, and this is a shortcoming that requires adjustment of the Classifier by making changes.

Also, questions were raised by the descriptions of the types of permitted use “business management” and “banking activities”, which include identical objects: “Placement of capital construction projects for the purpose of: placement of production management bodies, ..., banking, insurance activities, ...” and “ placement of capital construction projects intended to accommodate organizations providing banking and insurance services.” What criterion should be followed when choosing an internal institute to include an organization in the field of banking remains a mystery. In order to eliminate confusion when choosing the type of permitted use, it is advisable to exclude banking and insurance activities from the VRI “business management”.

In addition, the Classifier contains a closed list of types of permitted use, which excludes the possibility of taking into account the individual characteristics of the territory in urban planning. For example, a closed list of objects has been established that can be placed on a land plot with the type of permitted use “Entertainment”. However, the types of entertainment facilities are not limited to discos, dance floors, nightclubs, water parks, bowling alleys, amusement rides, racetracks, slot machines or playgrounds. Quite common in practice are billiards or paintball, which are not included in any of the categories. The closed list also contains the type of permitted use “Sports”, which also does not take into account all the objects that are in demand in practice, for example, there are no karting tracks. Therefore, the most reasonable solution is to establish formulations for a broad interpretation of the content of VRI, including many different objects that cannot be listed in the Classifier to avoid overload.

Considering the shortcomings and gaps stated above, as well as the importance of using the Classifier in practical activities and its impact on land and property relations, there is an urgent need to make changes taking into account the identified problems.

That is why at the end of 2015, Order of the Ministry of Economic Development of Russia dated September 30, 2015 No. 709 “On introducing changes to 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 No. 540” (hereinafter also referred to as Order No. 709) was adopted. .

Order No. 709 is aimed at clarifying the wording of certain types of permitted use and supplementing the Classifier with a number of new VRI based on law enforcement practice. In particular, the following changes were made to the Classifier to eliminate the above problems.

In the new edition of the Classifier, low-rise residential development is divided into individual housing construction and low-rise multi-apartment residential development. New types of permitted use have been introduced, including “dacha management,” which involves placing residential country houses on agricultural lands. The descriptions of VRI have also been clarified, including “Public services”, “Business management”, “Road transport”, “Special activities”, “Sports” and others.

A number of other changes have also been made to the Classifier to eliminate other shortcomings identified during its application. These changes certainly improve the content of the Classifier and increase the efficiency of its use in practical activities.

However, despite significant adjustments to the VRI Classifier, issues requiring its further improvement still remain.

Thus, closed lists still exist in the description of types of permitted use (“Cultural development”, “Sports”, “Entertainment”, etc.), which does not allow taking into account the individual characteristics of the territory when preparing urban zoning documents. The duplication of identical formulations (“scientific and selection work”) in different VRIs has not been completely eliminated. In addition, the Classifier does not cover all types of objects that in practice are subject to inclusion in urban planning regulations. For example, there is no clear answer as to what type of permitted use includes pharmacies, fire stations, and others. At the same time, the Classifier contains VRI (“Reserve Forests”), the advisability of which is questioned due to the regulation of their legal status by federal legislation.

In conclusion, I would like to say that the adoption of the Classifier is undoubtedly an important achievement that plays a huge role in regulating land and property relations by introducing a unified approach to establishing the types of permitted use of land plots, including the unification of the names of such types, their descriptions and content, and its the impact on the effective establishment of permitted types is positive and significant.

Bibliographic list:

Order of the Ministry of Economic Development of Russia dated September 1, 2014 N 540 “On approval of the classifier of types of permitted use of land plots” // SPS ConsultantPlus.
Order of the Government of the Russian Federation dated December 1, 2012 No. 2236-r “On approval 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” // SPS ConsultantPlus .
Land Code of the Russian Federation//SPS ConsultantPlus.
Interview with M.V. Bocharov on the classifier of types of permitted use of land plots // Territory Development Management. 2014. No. 3. P. 16-20.
Resolution of the Government of Khanty-Mansiysk Autonomous Okrug - Ugra dated December 29, 2014 No. 534-p “On approval of regional standards for urban planning of the Khanty-Mansiysk Autonomous Okrug - Ugra.”
Order of the Ministry of Economic Development of Russia dated September 30, 2015 No. 709 “On amendments to 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 No. 540” // SPS ConsultantPlus.

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

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 (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. 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 27, art. 3880; N 30, art. 4562, 4567, 4590, 4605; ; 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 St. Petersburg PZZ 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.