List of categories of land plots. What is the intended purpose of a land plot and how to find out its type (category) of permitted use

The main legal characteristic of plots is the division into categories and types of permitted land use. It is necessary to take into account the characteristics of the territories and apply them expediently. Dividing land into categories and types of permitted use allows the state to control the country's basic resources and minimize the loss of useful properties of land plots.

The composition of lands on the territory of Russia is regulated by Art. 7 of the Land Code. According to the law, there are seven categories of land:

1. Land intended for agricultural needs.
2. Lands of populated areas.
3. Land plots for special purposes (intended for the purposes of industry, transport, communications, defense, security, etc.).
4. Lands of specially protected areas and objects.
5. Water fund lands.
6. (areas that are currently unused and are in the country’s reserves).

The legal regime of certain categories of land may provide for special conditions. This is necessary to preserve the natural characteristics inherent in the territory (for example, areas of national parks).

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Types of permitted use of land plots

The permitted use of a land plot is a clarifying characteristic showing the purpose of the territory. You can use the site, even if it is owned, only in accordance with its belonging to a certain type of permitted use.

There are more than 3,000 possible types of permitted use. All of them are listed in the classifier, which was established by order of the Ministry of Economic Development of Russia dated September 1, 2014 No. 540 “On approval of the classifier of types of permitted use of land plots.”

Using a land plot for other than its intended purpose is grounds for bringing the violator to administrative liability.

The fine for using land for other purposes is quite significant - up to 1% of the cadastral value, but not less than 10,000 rubles. Penalties are imposed in accordance with Art. 8.8 Code of Administrative Offenses of the Russian Federation.

In addition, if the owner has placed a retail outlet on a site whose permitted use is the construction of a residential building, he will have to not only pay a fine, but also demolish the non-purpose structure.

Before purchasing a plot of land, it is worth clarifying the type of permitted use. As a rule, it is registered in the cadastral passport.

Mainly two categories of land are involved in active turnover: agricultural land and residential land. Despite the fact that forest areas can also be registered as private property, citizens rarely use this.

Lands of settlements: types of permitted use

The lands of settlements have a clear boundary. Such areas are intended for the residence of citizens and the placement of the necessary infrastructure.

All land in settlements is divided into zones. They are listed in Art. 85 of the Land Code of the Russian Federation. There are nine such territorial zones of settlement lands:

1. Residential areas.
2. Social and business.
3. Production.
4. Engineering and transport infrastructures.
5. Recreational areas.
6. Areas of agricultural use.
7. Special purpose zones.
8. Military facilities.
9. Other land plots.

Each zone has its own types of permitted use. Citizens are only interested in residential and agricultural zones, since they can be transferred into ownership.

Land plots located in residential zones have the following types of permitted use:

• Individual housing construction (individual housing construction);
• Private household plot (personal subsidiary plot);
• DNP (dacha development).

Construction is possible on each of these sites. However, there are significant differences.

Land plots intended for residential development and private household plots imply the possibility of development, regardless of the required dimensions. But there is a significant disadvantage - it is very difficult to register in such areas.

Buildings on individual housing construction lands are maintained in the same way as buildings in urban settlements. The owner has the right to register here without hindrance. Although there are no restrictions on the dimensions of buildings, the construction project will need to be agreed upon with the municipality. The disadvantage of individual housing construction plots is the increased tax rate relative to DNP lands.

Types of permitted use of agricultural land

Agricultural lands are located outside the boundaries of settlements. Hayfields, pastures, gardens, arable lands and buildings can be located here.

The intended purpose of agricultural land for citizens may be as follows:

1. Personal farming. Installed with or without a building permit.
2. Country construction. The construction of a suburban residential building is allowed here. Unlike development on settlement lands, the construction project does not need to be approved.
3. Horticulture, animal husbandry, crop production, etc.

A significant disadvantage of acquiring ownership of agricultural plots is the almost complete impossibility of registering in a constructed residential building.

Types of land use for individual housing construction, vegetable gardens and business according to the classifier

For the purposes of individual development and personal farming, plots with codes 2.0 – 2.7 in section 2 of the classifier are suitable. These numbers mean that the land can be used for the following purposes:

• construction of low-rise residential buildings (up to 3 floors, not implying apartment division);
• growing fruits, berries, vegetables and other agricultural crops (gardening and horticulture);
• ancillary buildings (construction of sheds, garages, etc.);
• construction of garden buildings;
• maintaining personal subsidiary plots and organizing a plot;
• construction of temporary mobile structures with the ability to connect to general technical networks (trailers, campsites, etc.).

When planning business activities, a land plot that has the type of permitted use provided for in section 4 of the classifier (codes 4.0-4.9) is suitable. The intended purpose of such sites allows for the placement of capital construction projects built for trade, transport services, recreation, entertainment, etc.

What other types of permitted land use are there?

The Town Planning Code establishes three options for the types of permitted land use. According to Art. 37 Civil Code of the Russian Federation exist:

• main types of permitted use;
• conditionally permitted types of land use;
• auxiliary types.

The main types of permitted use of land plots are listed in the classifier. They are not subject to additional approval from authorities. This means that the owner has the right to dispose of the site at his own discretion within the framework of the law and the classifier.

It is impossible to provide for everything with a classifier. Therefore, there are conditionally permitted types of land use. This provides an opportunity to expand legal uses of the land if necessary. The list of conditionally permitted species is established at the local level.

To establish an additional type of permissible use on your site, you must go through the approval procedure with the municipality and the Land Use and Development Commission. This may be required, for example, if you plan to build a retail outlet for selling small retail goods on your site intended for individual housing construction.

Auxiliary types of permitted use are used to clarify the existing intended purpose. Such an addition may be required if the owner wants to build a fence, garage or other small object on his property.

The division of land into categories is a consequence of the zoning of territories and the determination of state strategy. For example, agricultural lands include areas with fertile soil, forest lands should be covered with forest vegetation, and specially protected natural areas should be of great value for science and preserving the optimal properties of the ecological environment.

In accordance with the norms of the Land Code, the belonging of land to a category is the legal regime for its use. From this we can conclude that the category of land is a legally established description of standard properties.

1. Settlements (settlements);
2. agricultural purposes (agricultural);
3. special purpose (for example, lands occupied for industrial and energy facilities, communications, country security facilities, etc.);
4. specially protected natural areas (SPNA);
5. forest fund;
6. water fund;
7. state reserve.

The last category is distinguished not so much by the principle of use as by underuse. In a large country there will always be land that is not in demand in the national economic system - this is the country's land reserve. The greatest turnover of land is typical for the categories of agricultural purposes and settlements. In addition, the opportunity has arisen to transfer ownership of forest lands, but citizens are in no hurry to take advantage of it.

What is the type of permitted land use (URL)

The concept of permitted use of a land plot is of a clarifying nature within the framework of the intended purpose. The introduction of this concept is a consequence of more detailed zoning of the territory on the scale of a federal subject, region or other territorial division. However, a land plot owned by a farmer may have a different permitted use within the same intended purpose.

In addition, there is a division of the permitted use into the following types:

1. basic;
2. conditionally permitted;
3. auxiliary.

Conditionally permitted type of land use

The conditionally permitted type of use of the land plot serves as a supplement within the category and permitted use. This addition occurs when it is not possible to create a classifier for all occasions.

In order to establish an additional standard, it is necessary to go through a special procedure for approvals and public hearings at the Land Use and Development Commission. Such an expansion of the VRI is possible only if it is provided for by local urban planning regulations.

Auxiliary permitted uses

Ancillary types of permitted use specify the actions performed within the framework of other types of use. A clarifying nature may consist, for example, in the placement of some small objects - garages, transformer box, fence, etc. Thus, a potential developer needs to fit into the intended purpose and main type of permitted use of its territory.

Other types of permitted use can be changed in the official dialogue between the potential and existing owner of the site with state or municipal authorities.

Example

A plot of land in SNT will have the following characteristics:

• Category (purpose) - agricultural land;
• Type of permitted use - for gardening and horticulture;

Now let’s look at each category and the types of permitted use included in it in more detail.

Lands of settlements

1. Placement of multi-storey residential buildings. Objects can be located chaotically, forming streets, or in territorial blocks, forming microdistricts;
2. Land allocated for individual housing construction (individual housing construction, individual railway);
3. Recreational areas. They can be located both inside the settlement itself and in the suburban area. In accordance with Art. 98 of the Land Code of the Russian Federation, recreational lands include lands intended and used for organizing recreation, tourism, physical education, recreational and sports activities of citizens. Clause 2 art. 98 of the Land Code of the Russian Federation establishes the composition of lands for recreational purposes, which includes land plots on which there are holiday homes, boarding houses, campsites, physical culture and sports facilities, tourist centers, stationary and tent tourist and health camps, children's tourist stations, tourist parks, educational hiking trails, highways, children's and sports camps, and other similar facilities. Clause 5 Art. 98 of the Land Code of the Russian Federation prohibits activities that do not correspond to the intended purpose of such a law. Recreational lands are intended for the recreational functions of both citizens and the preservation of natural properties; you can build on them, but only what is specified in Art. 98 Land Code of the Russian Federation. In addition, Art. Art. 285 - 286 of the Civil Code of the Russian Federation provides for liability for improper use of a land plot. In the event that the use of a plot is carried out in gross violation of the rules for the rational use of land established by land legislation, in particular if the plot is not used in accordance with its intended purpose, this land plot may be seized from the owner;
4. Areas built up with industrial facilities, administrative buildings, public utilities, food and non-food supply facilities, etc.;
5. Land allocated for transport hubs - train stations, airports, river and sea terminals, etc.;
6. Location of power supply facilities;
7. Lands that are part of a populated area, but occupied by bodies of water;
8. Areas allocated for the placement of roads, canals, piers, pipelines, air, ground and underground communication facilities, etc.;
9. Specially protected natural areas within the boundaries of a populated area. Typically these include: parks, natural monuments, nature reserves, objects of special cultural and historical value, botanical and zoological gardens, open-air museums, etc.;
10. Land intended for agricultural use. Despite the consonance with the name of one of the categories, these lands are still within the intended purpose of settlement lands. These include personal subsidiary plots (LPH);
11. All other lands that can be represented by the space of streets, squares, reserve areas, special objects that are out of circulation, rights-of-way, security zones, etc.;
12. Settlement development reserve zones.

Do not confuse permitted use with land ownership. Objects that are federally owned, privately owned, owned by a municipality, or a subject of the federation can be located on the lands of settlements.

In addition, the placement of individual buildings should not be confused with settlements. For example, a forester's house, an apiary, industrial and residential premises at mining enterprises cannot be part of a populated area until the land under them changes its category.

Agricultural land

Agriculture is the basis of existence of any society and state. All this forced legislators to allocate lands suitable for agricultural use into a separate category.

The category of agricultural land includes land plots located outside settlements, the economic function of which is to produce agricultural products. However, like the category of settlements, agricultural land includes a number of lands that have their own permitted use.

Within agricultural lands there may be the following types of permitted use:

• Areas occupied by roads along with rights-of-way;
• lands occupied by forest vegetation (forest belts serving the function of protecting fields, forest areas for other purposes);
• plots occupied by outbuildings;
• arable land;
• hayfields;
• pastures;
• gardens;
• fallow lands.

The fallow may be of a special use nature, for example, for the purpose of increasing soil fertility, or it may be forced when the owner or user for some reason stops cultivating the land in accordance with its permitted use. Typically, a deposit refers to the latter case. The deliberate transfer of land to fallow land is usually carried out when the economic and environmental value of the sites is lost due to natural and man-made disasters, long-term pollution, and soil erosion.

Subcategories of agricultural land

As the name suggests, agricultural work must be carried out on these lands, and the agricultural lands themselves must be located outside the settlements. The categorical division of land determines the purpose and content of use. For agricultural land, the legislator distinguishes two subcategories:

1. agricultural;
2. and non-agricultural land.

Despite the apparent opposition, both types of land are subordinated to the same goal - to provide conditions for agricultural production.

Agricultural grounds

These include land plots used only for the purposes of agriculture or livestock raising. In turn, agricultural land is divided into arable land, hayfields, pastures, fallow land (temporarily uncultivated land), and areas with perennial tree plantations. Moreover, this division is not arbitrary; all types of farmland have a special legal status that cannot be changed arbitrarily.

Areas that have undergone reclamation have a special status. This is due to the fact that in order for them to acquire the necessary resource properties, costly measures were taken to drain, water, restore soil fertility, and minimize erosion. Often such lands require uninterrupted reclamation work.

Non-agricultural land

Non-agricultural land is occupied by various auxiliary structures. These may include: roads, communications, protective forest belts, reservoirs, buildings that support agricultural production.

This non-agricultural status is subject to urban planning regulations, while agricultural land is not subject to its regulations.

Differences between the first and second

It should be noted that there is a difference between agricultural lands and residential areas where farming is permitted. In the first case, the land is a category and has a designated purpose, in the second, it is located within the boundaries of a populated area and has a specific permitted use.

Agricultural land is heterogeneous and has its own divisions based on the cadastral value principle:

• Land with low and medium value. These usually include lands of long-term fallow, areas of low fertility, subject to erosion, pollution, etc.;
• Land with a cadastral value significantly higher (50% or more) than the average for a given territorial unit;
• Land of special value. Their cadastral value far exceeds average values. Typically these include arable lands that have long been involved in agricultural production and have high fertility.

Lands of forest and water fund

• Forestry is carried out on forest fund lands, which most often involves forest management zoning. According to its results, all lands in this category are divided into areas where logging is carried out and into areas where the forest is restored;
• Water fund lands are territories with water bodies, water protection zones of natural reservoirs, zones of water intakes and other water management structures.

Reserve lands and protected areas

These two categories of land are withdrawn from circulation. Lands of specially protected natural areas are, as a rule, state property, although the law allows these areas to be privately owned. There have simply been no such precedents in Russia.

Lands recognized as particularly valuable to society are transferred from one category to another and withdrawn from circulation and economic use. Their transfer back to another category is not provided for by law. Reserve lands cannot be used for economic purposes, but can be transferred to another category and with a certain permitted use.

Table of main types of permitted uses

There is often confusion in the concepts of “type of permitted use”. It is not easy for a non-specialist to understand the difference between these terms. And yet they have characteristic differences. And it is useful to imagine this difference in order to avoid legal problems for those who are faced with a change in the legal status of a piece of land.

Let's figure it out

The concepts are actually complementary. But the term "category" as a whole is of a more general nature, and the other - "type" - exists to clarify the options for the possible use of a site within a particular category.

For example, if land categories include agricultural plots, they may have a primary and a couple of additional uses. For the concept "category" this combination of terms is not allowed. That is, for example, the same plot cannot simultaneously belong to the forest fund and be intended for industrial construction or the construction of a residential building.

What are they like?

Current legislation identifies strictly defined categories of land use. They consist of:

Settlement lands;

Agricultural;

Special purpose (used for transport needs, communications and industrial tasks);

Wildlife sanctuaries, reserves and other protected areas that have the status of historical and cultural or are of scientific interest;

Water and forest funds;

Reserve.

Any of the plots on the territory of the country can be assigned exclusively to one particular category of land. Lands, the permitted use of which needs to be changed in the interests of regional development, are under the jurisdiction of the legislative bodies of the constituent entities of the Russian Federation, which are vested with the right to make such a decision.

Division by type

By what criteria does the division of the territories of villages and cities take place? Its principles are based on zones associated with the placement of residential, industrial and other facilities. For example, if a specific part of the city has been the site of a large-scale industrial enterprise for decades, no one will allow building a kindergarten or an apartment building close to it. This is due to the need to comply with legally established standards regarding distances between the industrial zone and residential areas.

The Land Code of the Russian Federation (the provisions of Article 85) delineates 8 zones for various purposes, which can exist within the boundaries of any populated area. We are talking about residential areas, lands intended for public development institutions (offices, schools, clinics, etc.), resort and recreational areas (sanatoriums and parks), agricultural, industrial, intended for the development of transport infrastructure, as well as facilities of the Ministry of Defense of the Russian Federation , special purpose areas and others.

Additional points

Each of the territorial zones legally has the right to use several strictly defined additional species. In particular, the town planning regulations allow the construction of private residential buildings (multi-storey, mid-rise and mixed type) within residential areas. This provision is provided for in paragraph 5 of the same article number 85 of the Land Code of the Russian Federation.

Similar nuances and requirements exist for any other zone of each settlement. No one is allowed to change the nature of use without permission. If violations are discovered, the person who committed them will face significant fines, and the illegal building must be demolished. More and more often, recently, local authorities, using heavy equipment, are eliminating the so-called small architectural forms, which include the entire variety of existing pavilions and kiosks.

How to change the type of permitted use

If you do not have information about what land use category (or type) a particular site belongs to, this should not be a problem. All necessary data can be obtained by reading the cadastral documentation or requesting an extract on the Rosreestr website. As a rule, all landowners are aware of what category of land their plot belongs to, what kind of object can be built on it, and what is strictly prohibited. A more serious problem for most of them is navigating the process of changing the permitted use.

Since, according to the law, construction that contradicts the cadastral passport is not allowed, the only way out for the owner is to submit a petition requesting that the site be assigned one of the additional types of use. This option is quite common and is a legal opportunity to change the status of a site. They resort to it when they need to open a store or some other object that has a social purpose.

It's not that simple

One should not think that by filing a petition, the applicant will automatically achieve the transfer of land from one category to another or a change in the type of permitted use. This is not done only at the request of the owner. The owner (or tenant) must put forward a serious justification for the advisability of such a request. He will have to prove that the changes he is seeking will play a positive role in the social development of the locality. The distribution of lands into categories and a change in their purpose is a very serious issue, and the applicant should be prepared for a heated discussion on this topic at a meeting of the local council (its land commission) or at a deputy session.

The petition is drawn up, as a rule, in free form based on the standard rules for submitting applications and appeals to any government agency. Along with it, the applicant will need to present a copy of the title document relating to the land plot. That is, privatization agreements, donations or sales agreements, certificates of inheritance rights. The application submitted by him must be considered within a period of no more than two months. If the case ends in a refusal to satisfy the request, you can try to resolve it in court. But only when the negative decision looks incompetent for sufficiently compelling reasons.

What does the category of agricultural land mean?

What are the options for using them? Like other types of land use categories, agricultural plots come in certain varieties, of which there may be several. Having familiarized ourselves with the provisions of paragraph 11 of Article 85 of the Land Code of the Russian Federation, we will see that agricultural land is allowed to be “used” in one of the following options:

1. Like pastures and hayfields.

2. Like gardens.

3. As areas of agricultural production (including livestock breeding).

4. Like summer cottages.

5. Like private farm plots.

6. As lands of industrial facilities, which include power lines, high-pressure pipelines, roads.

7. Like fallow lands.

How to save rural land

Territories in this category may be subject to change depending on the type of their use. But even here there are many serious nuances and restrictions, thanks to which it is impossible to stop or change one of the types of agricultural production, based only on the desire of the owner.

In particular, it is prohibited to change the category of a plot if its cadastral value exceeds the regional average by 50% or more. In practice, this norm applies to garden lands and areas where valuable perennial crops are grown. It serves to prevent a reduction in the area of ​​these plots and other valuable agricultural objects.

Category of settlements"

If you are interested in the idea of ​​purchasing an inexpensive plot of land with a dilapidated house, located in close proximity to a busy road or transport stop, first of all, check the classifier code by which further use of this land is possible. Similar information is taken in the same way from the cadastral passport of the object as a result of receiving an extract from Rosreestr.

If the code of the mentioned plot belongs to the list from 2.0 to 2.7 of the classifier, this means the following - all that the buyer can build on this land is a low-rise residential building. Of course, no one will stop him from setting up a small farmstead, a small greenhouse or a personal garage next to his home. But this land cannot be used for commercial purposes.

For these purposes, you need a site with “business class” codes (4.0-4.9). Belonging to this interval allows permanent permanent structures to be located on the site. For example, a store or shopping and entertainment complex (code 4.2), office building (code 4.1), insurance office or bank (code 4.5), market (code 4.3), restaurant, cafe or canteen (code 4.6), hotel (code 4.7) , entertainment establishment (code 4.8), car service or car park (code 4.9).

About buying land in the city

If the code you need is not found in the cadastral passport, this does not mean that the purchase will not take place. If the site you have chosen is located in a public, industrial or zone intended for transport infrastructure, the possibility of adding an additional conditionally permitted use option to the main one is quite real.

How successful the solution to this issue will be directly depends on the position of the local administration (in particular, its land administration). If the building you are planning to erect clearly works towards the development of the city and the creation of additional jobs, it is in the interests of local authorities to meet you halfway.

...and everything else

Article 83 of the Land Code of the Russian Federation designates plots belonging to the category of land in settlements for the development and construction of villages, cities and other municipalities. According to paragraph number 3 of Article 84 of the Code, if a private plot is included within the boundaries of a populated area, its status is preserved. That is, its owner continues to enjoy the right of ownership.

In addition to the above-listed zones of urban territory, there is also an additional category - lands that fall under the designation of “other territorial zones”. This includes all those areas whose purpose is general use. That is, driveways, parks, streets, squares, etc. Most often, they are meant to be part of one of the main zones. Such plots cannot be privatized or transferred to private ownership in any other way.

About misuse of land

What is meant by this term? Inappropriate use of a land plot is considered to be its exploitation not in accordance with the purpose defined for a given land category. This action falls under the definition of a violation and entails administrative liability in accordance with Article 8.8 of the Code of Administrative Offenses of the Russian Federation.

The size of the sanctions can be quite significant. A citizen (individual) will have to pay a fine, the amount of which depends on the cadastral value of the site and is equal to 0.5-1% of it. In this case, the minimum fine cannot be less than 10,000 rubles. By the way, if you decide to build, say, a store on a site that is not intended for that purpose, you will not only have to pay a fine, but also work to demolish the illegal building.

Any information about what type of permitted use a particular site belongs to is entered into the State Real Estate Cadastre. That is why it is recommended that any operations with land be preceded by familiarization with the site passport.

What is possible in the locality

Of the nine categories of residential zones, which are indicated in Article 85 of the Land Code of the Russian Federation, it makes sense for individuals to be interested in only two - residential and agricultural. Since the rest cannot in any way become the property of an individual citizen. According to paragraph 5 of Article 85 of the Land Code, the use of land plots in a residential area can be as follows:

1. For individual residential development.

2. For small, medium and high-rise residential buildings.

3. For the construction of premises for cultural or domestic purposes.

According to paragraph number 11 of the same article, plots located within agricultural lands can be used for the construction of premises and buildings whose purpose is agricultural production. Another possible option for their use is for arable land and perennial plantings. If you are planning a site for individual housing construction, check for the presence of a code in the cadastral passport related to residential development (2.0 - 2.7).

But remember that this cannot include a building whose purpose is accommodation with simultaneous treatment (sanatorium) or maintaining the needs of continuous production (office housing for shift workers).

To a private developer

If you are planning individual housing construction (individual housing construction), as well as growing a vegetable garden, refer to the same section number 2 of the classifier. The already mentioned codes indicate that the land can be used for the construction of a low-rise building without division into apartments (no more than 3 floors), the construction of above-ground structures and sheds, for garden construction (the requirements for such houses are similar to point 1), personal subsidiary farming on a personal plot, construction of temporary, mobile and other premises suitable for habitation, that is, campsites, trailers, etc. This implies the possibility of connecting them to utility network systems.

As we see, the concept of individual housing construction includes, in addition to the construction of the house itself, the organization of personal subsidiary plots.

If you are a businessman

Anyone planning a business activity should look for a plot of land with a classifier code of 4.0-4.9. It is this kind of land that involves the construction of capital structures on it, the purpose of which is recreation, trade, car service, and the like. Let's say, having acquired ownership of a plot with code 4.4, you can build a store on it, with an area of ​​no more than 5,000 square meters.

About other types of land use

According to Article 37 of the Town Planning Code, the types of permitted use of plots of any territorial zone can be:

1. Main (we are talking about the original purpose).

2. Conditionally permitted (possible purpose is implied).

3. Auxiliary.

Let's take a closer look at each of them. The main type implies compliance with the direct purpose of the site according to the localization and territorial zone. To use the land according to the main type, no additional permits or approvals from the administration are required. That is, the owner independently plans how to dispose of the plot within the classifier and category of land.

As for the conditionally permitted types of its use, their list is regulated by the urban planning legislation of the region to which the site belongs. But in all cases, in order to choose any of these types, the owner must agree with the authorities and obtain the necessary permission.

What does this look like in practice? Let's say the main purpose of the site is individual housing construction. At the same time, the conditionally permitted type of its use is the construction of a retail facility. To obtain a development permit, the owner must submit an application to the regional commission that resolves land use issues. The answer will be received as a result of public hearings.

As for auxiliary uses, they are permissible only in the form of additions to the first two varieties and can only be implemented in conjunction with them. Let us explain for clarity: if the construction of a store is allowed on the site, an auxiliary type can be the organization, for example, of car parking (ground or underground).

1. Land in the Russian Federation according to its intended purpose is divided into the following categories:

1) agricultural land;

2) lands of settlements;

3) lands of industry, energy, transport, communications, radio broadcasting, television, computer science, lands for space activities, lands of defense, security and lands of other special purposes;

4) lands of specially protected areas and objects;

5) forest lands;

6) lands of the water fund;

7) reserve lands.

2. The lands specified in paragraph 1 of this article are used in accordance with the intended purpose established for them. The legal regime of lands is determined based on their belonging to a particular category and permitted use in accordance with the zoning of territories, the general principles and procedure for which are established by federal laws and the requirements of special federal laws.

Any type of permitted use from the types provided for by zoning of territories is chosen independently, without additional permits and approval procedures.

Types of permitted use of land plots are determined in accordance with the classifier approved by the federal executive body exercising the functions of developing state policy and legal regulation in the field of land relations.

3. In places of traditional residence and economic activity of indigenous peoples of the Russian Federation and ethnic communities, in cases provided for by federal laws, laws and other regulatory legal acts of the constituent entities of the Russian Federation, regulatory legal acts of local government bodies, a special legal regime for the use of the lands of the specified categories.

Commentary on Article 7 of the Land Code of the Russian Federation

1. Lands in the Russian Federation (Russian land fund) are internally heterogeneous and consist of different types of lands that have a specific economic purpose (purpose). The intended purpose of land is the main feature of the classification of the unified land fund of the Russian Federation. It is no coincidence that as the basic principle of land legislation in sub. 8 clause 1 art. 1 of the Land Code names the division of lands into categories according to their intended purpose. The category of land unites land and land on a legally significant basis. The legislator refers to the intended purpose of land as such a feature.

The commented article differentiates lands into 7 categories according to their intended purpose (the exception is reserve lands, since they do not have a designated purpose). The largest share of the lands of the Russian Federation consists of forest lands, agricultural lands and reserve lands.

Relations regarding the use and protection of each category of land are regulated by special norms of the Land Code contained in the articles of Chapters XIV - XVIII (see the commentary to them), as well as other regulations (VK, LK, Federal Law on the turnover of agricultural land, etc.). Each category of land is intended for specific purposes, and the use of land must be carried out taking into account the purpose that the legislator has defined in the legal norms for this category. For example, lands of forest and water funds, lands of industry, energy, transport, communications, radio broadcasting, television, computer science, lands for space activities, lands of defense, security and other special purposes are not intended for the construction of residential buildings, respectively, for their use for construction of such facilities requires a change in the category of land (also see Resolution of the Federal Antimonopoly Service of the Volga-Vyatka District dated April 13, 2006 N A43-8597/2005-12-286; Resolution of the Federal Antimonopoly Service of the West Siberian District dated September 20, 2007 N F04-6372/2007(38165 -A70-3)).

The intended purpose of land is reflected in special documentation (cadastral, land management, urban planning, etc.) and may change periodically (for example, as a result of the transfer of land from one category to another).

2. The general provision on the need to use land for its intended purpose is supported by other norms of the Land Code (Articles 40, 42, paragraph 2 of Article 45, paragraph 2 of Article 46, etc.), and is also implemented through the establishment of restrictions to change the intended purpose of the corresponding category of land. The principle of dividing lands into categories according to their intended purpose is supplemented by the principle of a differentiated approach to establishing the legal regime of lands, according to which natural, social, economic and other factors must be taken into account when determining their legal regime.

The legal regime of the lands of the Russian Federation is a special procedure for the legal regulation of the behavior of participants in land relations, expressed in a combination of legal means aimed at: 1) ensuring the rational use and protection of the lands of the Russian Federation in the interests of the whole society based on the provisions on land as a natural object, the most important component of nature , natural resource and 2) creation of conditions for the acquisition, implementation and protection of the rights of individuals, legal entities and public entities to land plots as real estate. As stated in the commented article, the legal regime of land is determined by the category and permitted use of land in accordance with the zoning of territories.

The term “permitted use” was first mentioned in Appendix No. 4 to the letter of Roskomzem dated December 28, 1994 No. 1-16/2096 (see: Private property: Collection of normative documents with comments / Compiled by K.K. Rozhkova. M., 1996 . P. 242). Certain types of permitted use of land (land plots) are named in the classifiers and directories included in the Collection of classifiers and directories of the automated information system for maintaining the state real estate cadastre, approved by Order of Rosnedvizhimost dated December 27, 2006 N P/0425, Guidelines for the state cadastral valuation of land in settlements , approved by Order of the Ministry of Economic Development of the Russian Federation dated February 15, 2007 N 39.

Based on general land legal norms (subclause 8, clause 1, article 1, clause 2, article 7 of the Land Code), permitted use is established in relation to those categories of land where zoning is carried out. Land legislation directly provides for zoning for lands of settlements (see Article 85 of the Land Code), lands for special purposes (see paragraph 2 of Article 87 of the Land Code). GRK operates with the concept of urban planning zoning, which refers to the zoning of municipal territories in order to determine territorial zones and establish urban planning regulations. An analysis of urban planning legislation allows us to conclude that land plots included in various territorial zones may have permitted use, regardless of the category of land to which they belong, if these land plots are located on the territory of settlements, urban districts or their development is planned.

Thus, land plots of various categories have permitted use. This conclusion is confirmed by the provisions of subsection. 2 p. 1 art. 40, paragraph 1, art. 41, paragraph 1, art. 42 of the Land Code, since any persons using land plots are obliged to use them in accordance with the permitted use. Also, in accordance with the permitted use, such persons have the right to carry out irrigation, drainage, cultural and other reclamation work.

Establishing the type of permitted use of a land plot involves determining the specific purpose of use of this land plot, taking into account possible restrictions, including the establishment of those types of activities that can be carried out on the land plot by its legal owner, the types of objects that can be located on the land plot. As was stated in one of the cases, “the type of permitted use of a land plot represents a specific activity carried out by the land user on the land plot provided to him, i.e. the permitted use of a land plot, based on the zoning of the territory, is to determine specific types of activities that can carried out by the land user on the land plot provided to him" (Resolution of the Federal Antimonopoly Service of the North Caucasus District dated March 4, 2008 N F08-823/08). Any type of permitted use from the types provided for by zoning of territories is chosen independently, without additional permits and approval procedures. Changing one type of permitted use of land plots and capital construction projects to another type of such use is carried out in accordance with urban planning regulations, subject to compliance with the requirements of technical regulations (see commentary to paragraph 3 of Article 85).

3. According to the commented article, in the places of traditional residence and economic activity of indigenous peoples of the Russian Federation and ethnic communities, a special legal regime for the use of land can be established, regardless of their category, by acts of varying legal force: federal laws, regulatory legal acts of constituent entities of the Russian Federation, regulatory legal acts local government bodies. This provision is confirmed by paragraph “m” of Part 1 of Art. 72 of the Constitution, according to which issues of protecting the ancestral habitat and traditional way of life of small ethnic communities fall under the joint jurisdiction of the Russian Federation and its constituent entities. Special federal laws include the Federal Law “On guarantees of the rights of indigenous peoples of the Russian Federation”; Federal Law of July 20, 2000 N 104-FZ “On the general principles of organizing communities of indigenous peoples of the North, Siberia and the Far East of the Russian Federation” (SZ RF. 2000. N 30. Art. 3122); Federal Law “On the territories of traditional environmental management of indigenous peoples of the North, Siberia and the Far East of the Russian Federation”, etc. The powers of state authorities and local governments to protect the original habitat, traditional way of life, economics and trades of indigenous peoples are defined in Art. Art. 5 - 7 Federal Law "On guarantees of the rights of indigenous peoples of the Russian Federation".

Indigenous peoples constitute a special group of the population of our country. Indigenous small-numbered peoples of the Russian Federation are peoples living in the territories of the traditional settlement of their ancestors, preserving traditional ways of life, farming and crafts, numbering less than 50 thousand people in the Russian Federation and recognizing themselves as independent ethnic communities (Article 1 of the Federal Law "On Guarantees of the Rights of Indigenous Minorities peoples of the Russian Federation"). The unified list of indigenous peoples of the Russian Federation is determined by Government Decree of March 24, 2000 N 255 (SZ RF. 2000. N 14. Art. 1493; 2000. N 41. Art. 4081).

The list of indigenous peoples of the North, Siberia and the Far East of the Russian Federation was established by order of the Government of the Russian Federation dated April 17, 2006 N 536-r (SZ RF. 2006. N 17 (part II). Art. 4081): these include the Aleuts, Alyutors , Itelmens, Kamchadals, Kereks, Kets, Koryaks, Mansi, Nanais, etc. The territories of traditional nature management of the indigenous peoples of the North, Siberia and the Far East of the Russian Federation are specially protected natural areas of federal, regional and local significance. In territories of traditional environmental management, areas of land and water space may be allocated for conducting traditional environmental management and traditional way of life, including reindeer pastures, hunting and other grounds, areas of sea waters for fishing and sea animals, and collecting wild plants. The legal regime of land plots is determined in accordance with the provisions on territories of traditional natural resource management, approved depending on the type of natural territory by the Government of the Russian Federation, executive authorities of the constituent entities of the Russian Federation, local governments, with the participation of persons belonging to small peoples, and communities of small peoples or their authorized representatives representatives.

The living environment and economic way of life of indigenous peoples are most closely related to the natural and climatic conditions of their places of residence. In recent years, the ecological balance of the territories traditionally inhabited by indigenous peoples has been disrupted. The situation is aggravated by the fact that work on studying the state of natural and land resources has practically ceased. In order to protect the original habitat, traditional way of life, economics and crafts of small peoples, the legal regulation of social relations developing in the field of environmental protection and natural resource management (including land use) should occupy a special place in state policy.

In accordance with Art. 8 of the Federal Law “On guarantees of the rights of indigenous peoples of the Russian Federation”, small peoples, associations of small peoples in order to protect their original habitat, traditional way of life, economic activities and crafts have, in particular, the right:

1) to use free of charge in the places of traditional residence and economic activity of small peoples lands of various categories necessary for the implementation of their traditional management and occupation of traditional crafts, and common mineral resources in the manner established by federal legislation and the legislation of the constituent entities of the Russian Federation;

2) participate in monitoring the use of lands of various categories necessary for the implementation of traditional management and traditional crafts of small peoples, and common minerals in the places of traditional residence and economic activities of small peoples;

3) participate in monitoring compliance with federal laws and laws of constituent entities of the Russian Federation on environmental protection during the industrial use of lands and natural resources, construction and reconstruction of economic and other facilities in places of traditional residence and economic activity of small peoples;

4) participate, through authorized representatives of small peoples, in the preparation and adoption by federal government bodies of the Russian Federation, government bodies of constituent entities of the Russian Federation and local self-government bodies of decisions on the protection of the ancestral habitat, traditional way of life, management and crafts of small peoples;

5) participate in conducting environmental and ethnological examinations in the development of federal and regional state programs for the development of natural resources and environmental protection in places of traditional residence and economic activity of small peoples.

Persons belonging to indigenous small-numbered peoples are granted the right to use free of charge in the places of traditional residence and economic activity of small-numbered peoples lands of various categories necessary for the implementation of their traditional management and occupation of traditional crafts, and common mineral resources in the manner established by federal legislation and the legislation of the constituent entities of the Russian Federation . However, the implementation of this right is difficult, since the federal land legislation does not contain rules establishing the mechanism for its acquisition.

By virtue of the direct instructions of Art. 13 of the Federal Law "On the territories of traditional nature management of indigenous peoples of the North, Siberia and the Far East of the Russian Federation" the use of natural resources located in the territories of traditional nature management by citizens and legal entities to carry out business activities is permitted if the said activity does not violate the legal regime of the territories of traditional nature management. An important provision is the rule on the implementation of such use of natural resources in accordance not only with the legislation of the Russian Federation, but also with the customs of small peoples.

Separate norms establishing additional guarantees for the rights of indigenous peoples of the Russian Federation and ethnic communities are contained in the Land Code (see paragraph 3 of Article 31, paragraph 5 of Article 97 and commentary thereto).