Land law. Purpose and permitted use of land (most important)

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Land law. Purpose and permitted use of land (most important)

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56. PURPOSE AND PERMITTED USE OF LAND PLOTS

The Land Code of the Russian Federation, as one of the principles of land legislation, established the division of land into categories. The belonging of land to one category or another predetermines their main intended purpose and the corresponding legal regime for the use of land of each specific category (taking into account zoning and permitted use). The assignment of land to categories and their transfer from one to another is determined and carried out by the competent authorities, but not by the land users themselves. The legal regime of land is determined on the basis of their belonging to a particular category of land, intended purpose and permitted use in accordance with the zoning of territories and legal requirements.

Purpose of land - this is a special direction of land use, the functions of land in social relations: a means of production, a base for the development of industry, a place of residence for people and the location of all existing natural objects.

In accordance with the Land Code of the Russian Federation, lands in the Russian Federation are divided according to the intended purpose, depending on the category of land, into the following:

▪ agricultural land;

▪ lands of populated areas;

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

▪ lands of specially protected areas and objects;

▪ forest lands;

▪ water fund lands;

▪ reserve lands.

Permitted use - these are the features of land use within the established categories. The legal regime of land also depends on the established permitted use. The types and conditions of permitted use are established for each category separately. For example, the types of permitted use of land plots and capital construction projects are determined by the Town Planning Code of the Russian Federation. For each territorial zone, the types of permitted use of land plots are established.

The permitted use of land plots and capital construction facilities can be of the following types: main types of permitted use; conditionally permitted uses; ancillary permitted uses permitted only as additional to, and combined with, primary permitted uses and conditional permitted uses.

The main and auxiliary types of permitted use of land plots and capital construction facilities by the right holders of land plots and capital construction facilities, with the exception of state authorities, local governments, state and municipal institutions, state and municipal unitary enterprises, are chosen independently without additional permits and approval.

An individual or legal entity has the right to challenge in court a decision to grant a permit for a conditionally permitted type of use of a land plot or a capital construction facility or to refuse to grant such a permit.

Author: Medentsov A.S.

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