We will help you change the type of permitted use of the land plot
One of the most important characteristics of the land plot is the type of permitted use. Under Article 37 of the Urban Planning Code of the Russian Federation, the permitted use of land plots and capital construction objects can be of the following types:
- main types of permitted use;
- conditionally permitted types of uses;
- auxiliary types of permitted use allowed only as additional to the main types of permitted use and conditionally permitted types of use and carried out jointly with them.
The right holder of the land plot is obliged to use the land plot exclusively in accordance with the established type of permitted use. Often there are situations when such use is contrary to the interests of the owner or tenant. For example, if you need to build a major construction project.
What should you do in this case?
The legislation provides for a procedure for changing the type of permitted use of the land plot. However, it is extremely confusing, and the sanctions for the misuse of the land plot are quite impressive. For example, in the city of Moscow, fines of up to 2% of the cadastral value are established.
Each municipality has established Rules for land use and development. This is the main urban planning document, which sets out the types of permitted use and technical and economic indicators for each territory. To change the type of permitted use, you must first read this document because which path the land user will need to go to change the type of permitted use depends on it.
Competent support of the procedure for changing the type of permitted use guarantees success and achievement of the desired result by the client. The Reasons Law Firm specialists have extensive experience in this field and provide comprehensive legal support at the following stages:
- Obtaining the land plot development plan (LAND PLOT DEVELOPMENT PLAN) required for the procedure;
- Conducting a full urban planning analysis of the territorial zone in which the land plot is located;
- Preparation of an application for a change in the type of permitted use and the materials justifying such a application;
- Representation of the client’s interests at public hearings, as well as in government bodies (Glavarchitektura of the Moscow Region, Moskomarchitektura, Moscow City Property Department, etc.);
- Preparation of a package of documents for submitting an application to Rosreestr for the purpose of state registration of changes to the land plot.
- Other services
- Obtaining a construction permit and a commissioning permit
