Legal status the land plot includes its intended purpose, permitted use and form of legal ownership.

Special purpose- the procedure, conditions, limit of operation (use) of a land plot established by legislation for specific purposes (for example, for agricultural production, gardening and horticulture, construction of a dwelling house and maintenance of a home garden, etc.)

The chain of use of a land plot is determined by documents establishing and certifying the types of land rights. That being said, a common mistake is. that the assignment of land to the category is identified with the owner of the right to land, however, the category of land is not determined by the owner of the right to land, but the purpose (nature) of its use

Permitted use - use of the land plot, taking into account the intended purpose, established restrictions and encumbrances. It is established on the basis of land zoning, urban planning and land management documentation and contains requirements for:

methods of land use and prohibition of those that lead to land degradation and a decrease in soil fertility or deterioration of the natural environment;

maximum permissible norms of load on the natural environment, preservation of green spaces;

density, height, building depth, placement of cultural, communal, industrial and other buildings and structures in accordance with town planning documentation and building codes and regulations within the land plot or zone.

A land plot provided from state and municipal lands or acquired on other grounds may be encumbered with the following obligations:

a ban on sale or other alienation to certain persons, or permission to alienate certain persons indefinitely or within a specified period;

a ban on renting or subletting;

the right to preemptive purchase at the announced price in the event of its sale;

by inheritance only to certain heirs (for agricultural land);

the condition to start and complete the development or development of the land plot within the established time frame according to the project agreed in a certain order;

a ban on changing the appearance of real estate, reconstruction or demolition of a building, structure, structure without approval in the prescribed manner;

a condition to carry out the construction, repair or maintenance of a road, a section of a road;

a ban on certain types of activities, on changing the intended use of the land plot;

the condition to comply with environmental requirements or perform certain work, including protecting the animal world, soil cover, rare plants, natural monuments, preserving the natural habitat and migration routes of wild animals, etc.


The encumbrances of a land plot are established by legislation, contracts or a court decision. They are included in its legal status, are subject to state registration and are preserved when the land plot is transferred to another person.

Land plots, as well as objects firmly connected with them (soil, enclosed bodies of water, perennial plantings, buildings, structures, etc.) are immovable property and are inseparably in circulation.

Legal regime of lands - it is a set of rules for their use, inclusion in civil circulation, protection, accounting and monitoring of lands established by land, urban planning, forest water, environmental legislation and legislation on subsoil. It is determined based on the belonging of lands to one category or another and the permitted use in accordance with the zoning of territories and other regulatory documents.

The types of rights to land plots are: the right of ownership, permanent (indefinite) use (from state and municipal institutions of federal treasury enterprises of state authorities and local authorities), as well as the right of inherited life-long inflow of permanent (indefinite) use of citizens, acquired by them before 29.10 ... 2001 (entry into the vse of the RF LC), lease, the right to limited use of someone else's land plot (easement), free-of-charge fixed-term use (from state and municipal institutions of federal treasury enterprises, state authorities and local governments).

In the Civil Code, property rights subject to state registration in addition to property rights are the right to economic management, operational management. easement, as well as restrictions on property rights (mortgage, lease), their occurrence, transfer, termination.

Rights to immovable property that arose before the entry into force of the federal law "On state registration of rights to immovable property and transactions with it" are recognized as legally significant even in the absence of their state registration. State registration of such rights can be carried out at the request of their owners. Prior to the creation in the constituent entities of the Russian Federation of justice institutions for state registration of rights, equivalent registration was carried out by land committees, BTI, property management committees.

At present, in the Russian Federation, in accordance with the Civil Code, state, municipal and private forms of land ownership can equally exist.

Own- the maximum possible degree of rights of an individual or legal entity to land. The owner has the right to own, dispose and use land (the right to sell, pledge, donate, inheritance, exchange) subject to encumbrances and other conditions established by law and contracts.

The state form of ownership is subdivided, in turn, into federal and federal subjects.

The federal lands include: land plots to meet the needs of the country's defense and security, the protection of state borders; occupied by federal energy and space systems, nuclear power facilities, defense industry, communications, meteorological service, mining industry, fuel and energy complex, water resources, forestry, railway, air, pipeline, river, sea transport, highways, reserve lands, natural reserves, parks, educational and experimental farms, etc.

The subjects of the Russian Federation (republics, territories, regions, cities of federal significance, autonomous regions, autonomous districts) own lands within the administrative-territorial boundaries, with the exception of federal lands.

In municipal ownership (cities and other settlements, as well as districts, except for districts in cities), there are land plots within the boundaries of cities, towns, rural settlements, as well as transferred to the jurisdiction of local governments. Property owned by urban and rural settlements, as well as other municipalities, is municipal property... Municipal property is assigned to municipal enterprises and institutions for the possession, use and disposal. State-owned lands can be transferred to municipalities, citizens and legal entities for agricultural production, development and other purposes.

Private property is subdivided into collective (common, joint) and individual. Citizens of Russia have the right to receive in private ownership, land plots for:

running a peasant (farming) economy free of charge within the average land share prevailing in a given administrative region per 1 worker in agriculture (including retirees who previously worked and permanently residing in the economy), as well as persons employed in the social sphere in the countryside; for a fee - land plots are transferred into ownership in excess of the average land share up to the norms established by regional administrations;

individual housing construction and personal subsidiary farming (animal husbandry, gardening) in cities, villages for a fee, and in rural settlements, within the established norms, free of charge;

gardening, truck farming, animal husbandry - all previously provided land plots, as well as unproductive agricultural lands and disturbed lands newly provided for these purposes, are transferred into ownership free of charge;

other purposes related to agricultural production.

The transfer of land to the ownership of citizens is carried out by local administrations. The right to private property of citizens and legal entities to land plots arises as a result of the privatization of state or municipal lands, inheritance, purchase and sale, donation, exchange and other transactions. The return of land to former owners and their heirs in Russia is not allowed. Land plots and inherited possession are not transferred to foreign citizens.

Property owned by two or more persons belongs to them on the basis of common property. The property can be in common ownership with the determination of the share of each of the owners in the ownership right (share ownership) or without determination of such shares (joint ownership). Common ownership of property is:

Share (the land plot on which the house is located is part of the common property in an apartment building. The common property in an apartment building belongs to the owners of premises in an apartment building on the basis of common share ownership);

Joint:

Property of the spouses ("Family Code of the Russian Federation" dated December 29, 1995 N 223-FZ);

Common property in non-profit associations (Federal Law of 15.04.1998 N 66-FZ "On horticultural, vegetable gardening and dacha non-profit associations of citizens");

Property of a farm (FZ of 11.06.2003 N 74-FZ "On a peasant (farm) farm"). Common property arises when two or more persons take possession of property that cannot be divided without changing its purpose (indivisible things) or not subject to division by virtue of law.

The disposal of property in shared ownership is carried out by agreement of all its participants. A participant in shared ownership has the right, at his discretion, to sell, donate, bequeath, pledge his share or dispose of it in another way. Possession and use of property in shared ownership is carried out by agreement of all its participants, and if no agreement is reached, in the manner established by the court.

Property in shared ownership can be divided between its participants by agreement between them. A participant in shared ownership has the right to demand the separation of his share from the common property. If the participants in shared ownership fail to reach an agreement on the method and conditions for the division of common property or the separation of a share of one of them, the participant in shared ownership has the right to judicially demand the separation in kind of his share from the common property. If the allocation of a share in kind is not permitted by law or is impossible without disproportionate damage to property in common ownership, the emerging owner has the right to pay him the value of his share by other participants in shared ownership.

Ownership (lifetime inheritable land ownership) - This is the ownership and use of a land plot, inherited. The owner is guaranteed broad rights, but the right to sell the land is excluded. Land plots were provided to the citizens of the Russian Federation for running a peasant (farming) economy, personal subsidiary farming, building and maintaining a dwelling house, gardening and animal husbandry, for summer cottage construction, traditional folk crafts, entrepreneurial activities and other purposes not prohibited by law. The sizes of the plots are determined by legislation. No land plots are currently granted on this right.

Permanent (unlimited) use- the right to exploit the land plot in the interests of the user (to use the manufactured products) without a specified period (indefinitely). The provision of a land plot for possession and use is carried out by the administrations of the corresponding level in the manner of allocation free of charge only from lands that are in state or municipal ownership. The right to permanent (indefinite) use of a land plot that is in state or municipal ownership is granted to a state or municipal institution, a state enterprise, a state authority, a local self-government body on the basis of a decision of a state or municipal body authorized to provide land plots for such use.

State or municipal unitary enterprise to which property belongs on the right of economic management, owns, uses and disposes of this property. An enterprise is not entitled to sell real estate belonging to it on the basis of the right of economic management, lease it, pledge it, make a contribution to the authorized (joint-stock) capital of economic companies and partnerships, or otherwise dispose of this property without the consent of the owner.

State-owned enterprise and institution for which the property is assigned on the right of operational management, own, use and dispose of this property within the limits established by law, in accordance with the goals of their activities, the tasks of the owner of this property and the purpose of this property

Land and other natural resources not owned by citizens, legal entities or municipalities are state property. State-owned property is assigned to state-owned enterprises and institutions in the possession, use and disposal

Land use Is a territory provided to an economy, enterprise or other legal entity for specific purposes, which has a certain area, a fixed location and precise boundaries. Land use can be agricultural and non-agricultural, perpetual (permanent), temporary (from 3 to 10 years) and fixed-term (up to 1 year), public and individual, primary and secondary. However, in all cases, it must be rational and correspond to the maximum socio-economic interests of the national economy and ensure the greatest efficiency.

In the case of primary land use, a land plot is provided in accordance with the established procedure to an organization, an agricultural enterprise, a partnership, and citizens.

Secondary land use - a land plot of primary land use, provided in accordance with the established procedure to other land users for temporary or perpetual use (for example, service allotments). The basis for secondary land use is the decision (order) of the superior primary land user, the decision of the general meeting of the agricultural enterprise or the resolution of the relevant administration.

Urgent use- provision of a land plot for temporary use for up to one year for a fee or free of charge. The right to provide land plots for fixed-term use belongs to executive authorities and local self-government bodies, owners, owners, users, tenants and is established by agreements.

Rent- urgent (temporary) paid use of land. For temporary use on a lease basis, land is provided to citizens of the Russian Federation, agricultural and other state and cooperative enterprises, institutions, organizations, joint ventures, foreign states and citizens, legal entities by landowners, land users and tenants from their lands under an agreement for the right of temporary use of a land plot. The maximum period for temporary use of land on a lease basis is up to 50 years. The tenant has the preemptive right to re-enter into the lease agreement. The amount of the rent is set by the contract.

Land plots and other isolated natural objects, enterprises and other property complexes, buildings, structures, equipment, vehicles and other things that do not lose their natural properties during their use can be leased out. Land tenants are persons who own and use land plots under a lease agreement, a sublease agreement. Upon expiration of the term of the lease agreement for the land plot, its tenant has the pre-emptive right to conclude a new lease agreement for the land plot. The amount of the rent is determined by the lease agreement. General principles for determining the rent for the lease of land plots in state or municipal ownership may be established by the Government of the Russian Federation.

The land plot can be leased out for state or municipal needs, or for exploration work for a period not exceeding one year. In this case, the lessee of the land plot, within the term of the lease agreement for the land plot, is obliged, at the request of the lessor, to bring the land plot into a condition suitable for its use in accordance with the permitted use; to compensate for losses caused during the work; perform the necessary work on the reclamation of the land plot, as well as fulfill other obligations established by law and (or) the land plot lease agreement.

Sublease - the lessee has the right to sublease the leased land plot or part of it in the event that the real estate objects located on it are leased out with the consent of the owner of the land plot, unless otherwise provided by the lease agreement. The sublease term cannot exceed the term of the lease agreement. Lease and sublease agreements are subject to notarization and state registration.

Servitude- the right to limited use of someone else's land. It can be established by agreement between the owners or by a court decision. If it is established in relation to one or more persons - a private, unlimited number of persons - a public servitude.

The following easements may be established:

passage or drive through the land plot;

use of the land plot for laying and repairing communal or individual engineering, electrical and other lines and networks;

drainage works;

water intake, watering, haymaking, driving or grazing livestock;

temporary use of a land plot for the production of prospecting, research and other works.

The owner of a land plot encumbered with an easement has the right to demand a commensurate payment from persons in the interests of which it is established. For easements established in favor of rural residents, no fee is charged.

An easement can be established on a land plot on any right and be temporary or permanent. It is retained when the land plot is transferred to another person. The servitude may be terminated: in view of the disappearance of the grounds on which it was established; in the event that the land plot as a result of encumbrance cannot be used for its intended purpose. The owner has the right to demand its termination in court. Easements are subject to state registration.

  1. Open the public cadastral map of Rosreestr;
  2. Enter the cadastral number of the land plot in the search box;
  3. Get data on the category of land and the type of permitted use online.

To document the information, I recommend ordering an extract from the USRN.

Rosreestr sends extracts from the USRN within 3 days (there are delays). If you want to find out the category of land faster, then I recommend ordering extracts directly through - this way you will receive a document within an hour. The cost is the same - 250 rubles, the official data is from the USRN Rosreestr and is confirmed by the electronic digital signature of the registrar (EDS).

Extract from the USRN, which I recently ordered through

What is the category of land (purpose)

The division of land into categories is a consequence of the zoning of territories and the determination of the 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 preservation of optimal properties of the ecological environment.

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

  1. Settlements (settlements);
  2. for agricultural purposes (agricultural);
  3. special purposes (for example, land occupied for industrial and energy facilities, for communications, facilities for ensuring the country's security, 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 underutilization. In a large country there will always be lands that are not in demand in the system of the national economy - this is the country's land reserve. The highest land turnover is typical for agricultural categories and settlements. In addition, there is a possibility of transferring to the ownership of forest lands, but citizens are in no hurry to use it.

What is the type of permitted use of land (VRI)

The concept of the 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 a more detailed zoning of the territory on the scale of a constituent entity of the federation, region or other territorial division. However, a land plot owned by a farmer within the same purpose may have a different permitted use.

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

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

Conditionally permitted type of use of the land plot

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

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

Ancillary permitted uses

Ancillary Permitted Uses clarify activities performed under other types of use. A clarifying nature may consist, for example, in the placement of some small objects - garages, a transformer box, a fence, etc. Thus, a potential developer needs to fit into the intended purpose and the main type of permitted use of their territory.

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

For example, a land plot for building a house must have a category (intended purpose) - land of settlements, and the type of permitted use (VRI) - for individual residential construction (IZHS).

Table of the main types of permitted use of the land plot

Classifier number Comments (1)
1.0-1.18 This includes lands outside settlements, which are intended for growing crops, livestock, fur animals, breeding birds, fish, insects. It is allowed to erect buildings necessary for the needs of agriculture.
2.0-2.7.1 On these lands, you can erect buildings, both one-story and multi-story, which are used for living, as well as infrastructure facilities necessary for their maintenance.
3.0-3.10.2 On the land, you can place capital construction objects that are necessary to meet social and spiritual needs - utilities, health care facilities, schools, preschool educational institutions, etc.
4.0-4.10 The land is intended for capital construction projects that are used for the purpose of obtaining benefits.
5.0-5.5 The plots are allocated for the placement of sports, tourist facilities, recreation centers, horseback riding, etc.
6.0-6.11 It is allowed to locate mining and production facilities on the land.
7.0-7.5 On the sites, various routes of communication and structures are placed, necessary for their maintenance.
8.0-8.4 Place objects intended for the Armed Forces, as well as customs.
9.0-9.3 Lands on which specially protected natural areas are located.
10.0-10.4 Activities related to cultivation, felling, logging, forest protection are allowed.
11.0-11.3 Water bodies and hydraulic structures are located on the land.
12.0-12.3 The sites include roads, cemeteries, parks, squares, etc. This also includes reserve lands.
13.1 Allowed activities related to the cultivation of agricultural crops for their own needs. Residential buildings cannot be built. You can build outbuildings for storing crops and equipment.
13.2 Allowed activities related to the cultivation of fruit trees and shrubs for their own needs. You can build residential houses, garden houses (not for permanent residence), garages, outbuildings.
13.3 VRI canceled in 2018

The complete list of VRIs is exhaustive, contained in a special classifier and cannot be changed in an arbitrary order. If a new VRI is installed for a given territory, then it must correspond to the list of this classifier.

Lands of settlements

  1. Placement of multi-storey residential buildings. Objects can be located chaotically, forming streets, or territorial blocks, forming microdistricts;
  2. Land allocated for individual housing construction (IZhS, IZhD);
  3. Recreational areas. They can be located both inside the settlement itself and in the suburban area. In accordance with Art. 98 of the Labor Code of the Russian Federation, lands for recreational purposes include lands intended and used for organizing recreation, tourism, physical culture and health and sports activities of citizens. Item 2, Art. 98 of the Labor Code of the Russian Federation establishes the composition of recreational land, which includes land plots on which rest houses, boarding houses, campings, physical culture and sports facilities, tourist centers, stationary and tent tourist and recreational camps, children's tourist stations, tourist parks, educational hiking trails, trails, children's and sports camps, and other similar facilities. Item 5, Art. 98 of the Labor Code of the Russian Federation, activities that do not correspond to the intended purpose of such a memory are prohibited. Recreation lands are intended for the health functions of both citizens and the preservation of natural properties, it is possible to build on them, but only what is indicated in Art. 98 of the RF Labor Code. In addition, 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 withdrawn from the owner;
  4. Plots built up with industrial facilities, administrative buildings, utilities, food and non-food supplies, etc .;
  5. Land allotted for transport hubs - railway stations, airports, river and sea terminals, etc .;
  6. Location of power supply facilities;
  7. Lands that are part of a settlement, but occupied by water bodies;
  8. Areas set aside for the placement of roads, canals, berths, pipelines, air, ground and underground communication facilities, etc .;
  9. Specially protected natural areas within the boundaries of the settlement. Usually they include: parks, natural monuments, wildlife reserves, objects of special cultural and historical value, botanical and zoological gardens, open-air museums, etc .;
  10. Land designated for agricultural use. Despite the consonance with the name of one of the categories, these lands are still within the target designation of settlement lands. These include personal subsidiary plots (LPH);
  11. All other lands that can be represented by the space of streets, squares, reserve plots, special objects outside the turnover, right-of-way, security zones, etc .;
  12. Settlement development reserve zones.

Permitted uses should not be confused with land ownership. On the lands of settlements, objects that are in federal, private ownership, in the ownership of a municipality, a subject of the federation can be located.

In addition, the placement of individual buildings should not be confused with settlements. For example, a forester's house, apiary, production and living quarters at mining enterprises cannot be part of a settlement until the land under them changes its category.

Agricultural land

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

The category of agricultural land includes land plots located outside the 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.

837 Reading time: 4 min.

In addition to the fact that each property must go through the registration procedure in Rosreestr, there are legal statuses of land plots. If the owner of the allotment has understanding in this matter, he can use it strictly for its intended purpose, without violating the legislation of the Russian Federation. It is difficult for an ordinary layman to understand the legal intricacies, so we will tell you what is included in the concept of a land plot, and what status it can be assigned.

What is hidden under the definition of a PSZU

According to the provisions of the Civil Code of the Russian Federation, a land allotment is a territory that has a certain area and clearly defined boundaries. Like all real estate objects, a land plot must be registered and is subject to taxation. It can be used strictly for its intended purpose, and violation of land use rules is an offense for which administrative and even criminal liability is provided.

Each site has its own legal status, which means that it has:

  • Its intended purpose, and the lands can be of agricultural and industrial importance, there are territories belonging to forestry and water management facilities, lands within settlements, spare plots and territories that are under state protection.
  • A certain form of permitted use, but taking into account the intended purpose, the presence of encumbrances of restrictions. According to the provisions of the 7th article of the Land Code of the Russian Federation, lands are classified according to permitted types of activities and opportunities for the construction of buildings.
  • The permitted method of ownership, or the legal regime of land, and the law divides all land plots by ownership into state (divided between departments), municipal and private property (land owned by individuals, individual entrepreneurs, enterprises and organizations of various forms of ownership).

What types of PSZU are allocated by the law

Information about the allotment of land, including the legal status of land plots and the types of their permitted use, is collected in the law "On the State Real Estate Cadastre". All accounts are entered into a single state cadastre.

Depending on the stage at which the PS registration process is, the procedure for transferring information to government agencies, a certain status may be assigned to the land plot:

  1. Temporary status, or a corresponding entry in the state cadastre, indicating that the owner has no legal rights, and the documents are only being drawn up. This is the most unreliable status, since the law provides not only rules, but also strict deadlines for registration of property rights. If the process is delayed, and the allotment has not been formalized for 5 years, the land acquires a different status. These are also territories that do not have clear boundaries; the lands of the state transferred to temporary possession are considered to be temporarily canceled. Their sale is strictly prohibited.
  2. Canceled status, which indicates that the procedure for registering property rights was not completed within five years. In this case, the owner will have to go through the procedure "from scratch", and this is new financial costs and loss of time.
  3. Recorded status, which is assigned to the site after registration of the PS or rights to temporary ownership (lease). Speaking of leased land, we are talking about territories that are in state ownership and in the possession of the municipality. This also applies to lands, the PS on which arose before March 2008.
  4. Plots with previously registered status, and this applies, first of all, to land plots that have not passed the land survey procedure. Accordingly, they do not have clearly defined boundaries transferred in kind. This is a transitional stage that occurs if the plots were issued on the basis of the rights of use or disposal. We are talking mainly about plots, information about which was stored in different instances, before the organization of a single cadastre.
  5. Archive status assigned after a certain period of time. All the "registered" and "previously recorded" plots are transferred to the "archive", and in this case no statements and inquiries are required from the owners.

When acquiring ownership of a land plot, first of all, it is worth paying attention to its status. Some land is dangerous to buy, and especially when it comes to territories with temporary and temporarily canceled status. Particular attention should be paid to operations with land owned by the state, as it can be intended for road construction, laying of main pipelines or the construction of social infrastructure facilities. In addition, the status determines the legality of engaging in a certain type of activity and the possibility of conducting construction work.

Types of possible use of land plots

The specialists of the Ministry of Economic Development have drawn up a special classifier, which clearly indicates how the plots can be used, depending on the status assigned to them.

Among the most demanded lands of settlements, where the law allows individual construction, low and high-rise construction of apartment buildings, shopping and office centers.

Also, lawyers most often have to deal with agricultural land, where it is possible to build only a country house, maintain a subsidiary farm, set up a garden and a vegetable garden. The rest of the land, due to the fact that they are rarely found among real estate transactions between individuals and legal entities, do not deserve the attention of the inhabitants, in principle.

The lands that are located within the settlements. Can be divided into the following types:

  • sites intended for summer cottage construction, and as their legal owners are mainly legal entities - gardening partnerships and dacha cooperatives, whose members have certain rights of use;
  • plots for individual housing construction, the main feature of which is the ability to connect communications and the absence of any restrictions on the size and area of ​​the buildings being erected (according to the approved plan);
  • sites, the main purpose of which is farming, and in this case, only buildings and structures of an auxiliary nature can be located on the ground.

The law provides for the division of plots on other grounds, and this can be land used for crop production, cattle breeding, storage and processing of agricultural products (a total of 18 subspecies). Despite the fact that each allotment can be used strictly for its intended purpose, the owner, in accordance with the procedure established by law, can change

Reading 6 min. Views 28 Published 02.11.2019

Any of the registered land plots belongs to one category or another, depending on the results of the state cadastral registration. Many owners confuse this characteristic of the land with its purpose, or intended use. In order to avoid confusion in determining the status, it is necessary to consider in detail the nature of each of them.

The concept of the status of a land plot. Views. How to find out the status of a particular land plot?

The main regulatory document defining the division of the statuses of land plots, as well as regulating the concepts of each of them, is the RF Law “On the State Real Estate Cadastre”. To be more precise, in this case we are talking about the status not of the site itself, but the records in the state register about it. Any owner of a land plot can determine its status by recording in the cadastral passport. So, upon receipt of a passport, such an entry is located in the line under number 18. Upon receipt of an extract from the cadastral register, this status will be placed on line 17.

Today, the statuses of land records can be divided into the following types, namely:

Only an extract from the cadastral register guarantees complete and up-to-date information on the status of a particular land plot

An interested person can easily find out the status of a particular land plot. To do this, you need to submit a request to the cadastral register or use the services of the Rosreestr resource.

Classification of land plots depending on the purpose

The current legislation of the Russian Federation conventionally divides all accounted land plots into several categories, depending on the area of ​​intended use.

So, the following types can be distinguished:


When distributing land plots into the listed categories, the legislator pursued the goal of eliminating the misuse of land plots, preserving the original natural properties of the land and its original characteristics.

Each of the above groups has a fairly large number of subcategories. A detailed and more detailed study is required only for the most common and demanded among transactions between individuals and legal entities, such categories of land as objects of the land fund of cities, towns and other settlements, as well as agricultural land plots.

Types of permissible or permitted use of land plots by category

A complete list of all types of permitted use of sites is contained in the state classifier, which is approved by the Ministry of Economic Development of the Russian Federation (No. 540). A detailed and more detailed study is required only for the most common and demanded among transactions between individuals and legal entities, such categories of land as objects of the land fund of cities, towns and other settlements, as well as agricultural land plots. This is due to the largest number of transactions in relation to such land fund objects, as well as the availability of participation in them by ordinary citizens and enterprises. Other categories of land plots, such as lands of specially protected areas, can have an owner only in the person of the state.

Plots that belong to the category of land located on the territory of settlements (cities, towns, etc.) may belong to the following segments, namely:


Agricultural real estate objects are further subdivided into 18 subspecies of land plots. Among these, one can single out areas specially designed for plant growing, cattle breeding, horticulture, beekeeping, storage and technological processing of agricultural products, vegetable growing, etc. There are separate categories of land allotted for the development of nurseries, objects of support for agricultural production, etc.

The video plot will tell you how the status of the land plot changes.

In everyday practice, the terms "land" and "land" are used interchangeably, although these concepts have certain differences. So, in cadastral registration term "Earth" can be used when it comes to about undeveloped property, a "Land plot" means part of the territory on which some work has been done(improvements), allowing it to be used for its intended purpose, and its area and boundaries are precisely defined. Based on the results of land surveying for the land plot, a land-survey plan was prepared, which is a necessary document for registering the site with cadastral registration. For a plot that is in the cadastral register, the cadastral registration authority is issued cadastral passport.

According to Civil Code of the Russian Federation a land plot (Art. 261 of the Civil Code of the Russian Federation) is an object of ownership, the territorial boundaries of which are determined in the manner prescribed by land legislation, on the basis of documents issued to the owner by state bodies for land resources and land management.

Land Code of the Russian Federation(Law Code of the Russian Federation, Chapter 1, Article 11) defines a land plot as an object of land relations - it is a part of the earth's surface (including the soil layer), the boundaries of which are described and certified in the prescribed manner.

In accordance with Federal Law "On the State Land Cadastre" a land plot is a part of the surface of the earth (including the surface soil layer), the boundaries of which are described and certified in the prescribed manner by an authorized state body, as well as everything that is above and below the surface of the plot, unless otherwise provided by federal laws on subsoil use of airspace, etc.

Legal status of the land includes intended purpose, permitted use, form of legal possession.

The description of the land plot reflects:

1. The name of the subject of land law - a legal entity or an individual with an indication of the exact address, documents certifying the person, and financial details.

2. Address landmarks - district (residential area, industrial zone), village, street, house and building number (in cities and towns).

3. Documents establishing and certifying the right to land use (decree, decision, order, state act, certificate, lease agreement).

5. Land classifier code.

6. The area according to documents certifying (establishing) the right to the site; actual area, including outside use (depth, width, shape).

7. The area of ​​the sanitary protection zone and / or zone with a special mode of use within the land plot.

8. Type of land law (property - private, state).

9. Surface and subsurface layer, landscape, contours and topography.

10. Improvements and engineering arrangement (power and water supplies).

A technical (inventory) is drawn up for the land plot passport, which contains:

Ø explication of land - built-up area, areas under engineering communications, roads, dams, quarries, dumps, forest plantations, gardens, arable land, hayfields, pastures and other agricultural land, swamps, sands, peat extraction and water surfaces;

Ø the size of the land tax (if the land plot is owned) or rent per unit of area;

Ø estimated and market value of the land plot;

Ø book value of buildings, structures and plantings;

Ø the total cost of the land plot and buildings;

Ø the amount of tax on the value of the property;

Ø engineering and technical characteristics;

Ø environmental indicators;

Ø town planning characteristics - functional area, planning area, etc .;

Ø mineral deposits.

1.6. Formation and change of land plots

Land plots are formed when section, unification, redistribution of land plots or allotment from land plots, as well as from lands that are in state or municipal ownership (ZK RF Ch. 1, Art. 11.2)

Land plots, of which land plots are formed upon division, consolidation, redistribution, cease to exist from the date of state registration of property rights and other property rights to all land plots formed from them in the manner established by the Federal Law of July 21, 1997 No. 122-FZ "On state registration of rights to real estate and transactions with it."

Formation of land plots is allowed with written consent land users, landowners, tenants, mortgagees of land plots, of which land plots are formed upon division, merger, redistribution or allotment. Such consent is not required for the formation of land plots from land plots that are in state or municipal ownership and provided to state or municipal unitary enterprises, state or municipal institutions.

Formation of land plots from land plots located privately owned and owned by several owners, is carried out by agreement between them on the formation of a land plot.

The formation of land plots can be carried out on the basis of a court decision without fail regardless of consent owners, land users, landowners, tenants, mortgagees of land plots, of which land plots are formed upon division, merger, redistribution or allotment.

Formation of land plots from land plots located in state or municipal property, is carried out on the basis of decisions of the executive bodies of state power or local self-government bodies.

Decisions on the formation of land plots can be made based on statements land users, landowners, tenants of land plots, of which land plots are formed upon division or unification.

To make a decision on the formation of land plots, the following documents are required:

1) cadastral passports of the formed land plots or the cadastral passport of the formed land plot;

2) title and (or) title documents for land plots, from which land plots are formed upon division or merger.

Decisions on the formation of land plots must indicate:

1) details of title and (or) title documents for land plots, from which land plots are formed upon division or merger;

2) information about land plots from which land plots are formed upon division or unification, including information about the rights, rightholders of such land plots, about their intended purpose and permitted use, as well as cadastral numbers of land plots, of which, upon division or the union is formed land plots, and the cadastral numbers of the formed land plots.

When dividing a land plot several land plots are formed, and the land plot, from which land plots are formed during the division, ceases to exist. Its owner acquires the right of ownership to all land plots formed as a result of the division.

Allocation of a land plot is carried out in the case of the allocation of a share or shares from a land plot that is in shared ownership. When a land plot is allocated, one or more land plots are formed. At the same time, the land plot from which the allotment was made remains within the changed boundaries.

When combining adjacent land plots one land plot is formed, and the existence of such adjacent land plots ceases. When land plots are merged, the owner has the right of ownership of the land plot being formed. When land plots belonging to different persons are merged, such persons have the right of common ownership of the land plots being formed. ...