Enterprise land resources and ways to improve their use (option 1)

What it is?

Industrial lands are land plots that are used by industrial enterprises or ensure the operation of their facilities for their intended purpose.

Industrial lands include areas recognized as unsuitable for agricultural activities, or areas with products of poorer quality or lack of fertile soil to begin with. This is the main reserve for the growth of industrial complexes.

Important! Industrial lands are located outside populated areas. A special sanitary zone is determined on their territory, and private lands located within their boundaries can be used by owners only subject to compliance with established restrictions.

Lands for industry and special purposes, which include areas for industry, are also divided into plots for space activities, energy, defense and security, transport and communications, which you can read about in our articles.

Composition of industrial and other special purpose lands

Industrial areas are located outside populated areas. Often, it would be impossible to locate such facilities in a populated area due to the significant size of sanitary protection zones for various industrial facilities and production facilities. For example, the calculated sanitary protection zone for production of hazard class I is 1000 meters, hazard class II is 500 meters.

The category of industrial land includes certain types of permitted uses. They divide the territory into sections:

• where production facilities are located;
• used for mining;
• intended to provide transport links;
• where nuclear power facilities are built;
• on which defense complex facilities are located;
• used to support space activities;
• for laying various communications.

What is classified as industrial land?

In relation to Art. 88 of the Land Code of the Russian Federation, industrial lands include areas that are used or intended for:

• mineral extraction services provided by mining and oil and gas industry enterprises;
• enterprises of the chemical, manufacturing, metallurgical industries;
• lands occupied by factories, factories, quarries, mines, mines, mines;
• placement of industrial and administrative buildings, structures, structures and facilities serving them, in order to ensure the activities of organizations and the operation of industrial facilities.

Groups of industrial lands and special purpose zones

Industrial areas can be divided into several groups. Each of them differs in purpose, which determines the characteristics of the site’s operation. The procedure for grouping the territory is set out in the document, approved by Order of Roszemkadastre dated March 20, 2003 No. P/49.

Industrial and other special purpose lands include:

1. Sites for the placement of ground-based space infrastructure facilities, the construction of airports, hydroelectric power stations, and so on.
2. Territories for the construction of industrial and administrative buildings, establishment of railroad right of way, etc.
3. Zones for mining, highways, and so on.
4. Sites for the location of operational communications enterprises, bus terminals, and bus stations.

The last group includes military facilities.

Legal regime and position

The legal regime of industrial lands is a system of legal regulation of relations for the protection and use of these lands , aimed at ensuring the operation of industrial facilities.

Regulations are a set of established norms and rules that must be followed. The production activity of an industrial enterprise is a source of increased danger. The uniqueness of the legal regime of industrial lands is the establishment of sanitary protection zones, the purpose of which is to ensure the safety of the population and the environment from industrial waste.

Art. 42 of the Land Code of the Russian Federation obliges industrial enterprises:

1. use land plots only for their intended purpose using methods that should not harm the environment;
2. preserve geodetic, boundary and other special signs that are installed on land plots;
3. implement measures to protect lands, forests, water bodies and other natural reserves, including fire safety measures, to prevent pollution, depletion, degradation, damage, and destruction of lands and soils;
4. start using land plots in a timely manner (under a lease agreement);
5. make timely payments for land.

The significance of compliance with VRI during the operation of a land plot of industrial land category

Not only an organization or municipality, but also the state or a private person has the right to become the owner of a plot belonging to this category. The owner of the land can rent it out, sell it or donate it, the main thing is that the types of permitted use correspond to the actual use.

If the territory is intended for warehouses, then a service station or gas station cannot be built here. You will have to change the VRI or break the law by erecting objects without permission and risking their subsequent demolition. Therefore, when purchasing an industrial plot for ownership or lease, take into account the current type of permitted use.

If the current type of permitted use does not correspond to the planned use of the land, you can contact our specialists to change the VRI. We will carry out the necessary approvals, collect a package of documents, submit applications and achieve a positive decision in a short time.

Additional materials:

Classifier of types of permitted use of land plots - classifier.

Changing the types of permitted use of land plots - services.

Changing the categories of land plots - services.

Who is the owner?

The owners of the plots can be:

• Individuals.
• Legal entities.
• Federal government.
• Regional government.
• Municipalities.

Attention! Land plots within which there are mineral deposits cannot be privately owned. Deposits in the Russian Federation are state property. Therefore, such lands can only be provided on the basis of the right of use, including lease.

Features of land resources

Land resources are very unique. They have some important features, including:

Earth is a gift of nature

The earth is not “produced” and is not the result of human activity. It follows that we must accept this resource as it is. There is no doubt that humanity is trying to improve and change nature. However, this cannot be done completely. Poor climatic conditions and soil quality negatively affect industrial and commercial prosperity.

The earth is limited in space

Efforts were made to separate some of the land from the seas, and thus increase the total land surface. However, these efforts yielded only minor results compared to the total area already in place.

The earth is permanent

Land resources cannot be completely destroyed. Even the explosion of an atomic bomb is not capable of destroying them, because after some time, the earth will recover naturally.

The earth cannot be moved in space

The earth cannot be moved entirely from one place to another. She is deprived of geographical mobility.

The earth has endless variety

The earth is not man-made. Different parts of the planet have endless variations. No one can tell where the sandy soil ends and the clay begins, or where one shade turns into another.

Types of permitted and prohibited use of land plots

Types of permitted use of land plots that are not subject to urban planning regulations are determined on the basis of the State Real Estate Cadastre.

The State Real Estate Cadastre is a collection of information about registered real estate and the State borders of settlements, municipalities, and zones with special operating conditions. 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” approved the corresponding classifier containing a list of permitted types of use, including codes for them, which are applied throughout the Russian Federation. Industry, codes 6.2.- 6.6.:

1. heavy 6.2. (mechanical engineering, metallurgy, mining, when it is necessary to introduce special zones);
2. easy 6.3. (production of textiles, clothing, ceramics);
3. food 6.4. (baking, drinks, canning);
4. petrochemical 6.5. (processing of raw materials, household chemical products);
5. construction 6.6. (production of bricks, cement, elevators, fasteners).

Reference. According to Art. 14 of the Land Code of the Russian Federation, land plots that have been contaminated by chemical or radioactive substances, as well as the structures located on them, are used in the manner determined by the Government of the Russian Federation.

On such lands and land plots the production and sale of agricultural products is prohibited . Failure to comply with the law will result in fines and penalties.

How to change the type of permitted use on an industrial land plot?

Changing the type of use within one category is carried out in accordance with the provisions of the town planning regulations. The procedure is allowed if the development rules (DZ) of the municipality provide for the VRI that you plan to install. To find out the appropriate type of use, you need to study the environmental protection zone of the area where the industrial site is located.

The need to change the VRI arises when a site allocated for subsoil use must be used to locate warehouses or vice versa. Either land with the type of use for the construction industry must be made suitable for the placement of energy facilities. The procedure for changing the VRI differs somewhat depending on which person or body owns the rights to the site.

1. It is necessary to collect a package of documentation. It includes the applicant’s identity card or an extract from the register of an organization or individual entrepreneur. You will also need confirmation of rights to the plot and real estate on it, if any, diagrams that allow you to determine the allotment on the ground, and an extract from the Unified State Register of Real Estate. This list is not final; depending on the situation, additional paperwork may be required.
2. If there is a real estate property on the site that is registered as the property, it may be necessary to change the functional purpose of such a building. It is necessary to clarify in advance which objects with what purpose are allowed to be placed in areas with the desired type of use.
3. When the documentation is collected, an application is submitted to the authorized body. This may be a local municipality or executive authorities. In the text of the application, it is important to indicate compelling reasons for changing the type of use, cadastral number and coordinates of the plot.
4. After reviewing the application, a decision is made to change or refuse such action. The applicant receives written notification.
5. The decision to change the VRI is sent to Rosreestr to make adjustments to the cadastre data. If new information does not appear in the register within 15 days, you will have to contact the department yourself.

The land lawyers of our company will carry out the procedure for changing the type of use faster and without any particular difficulties. We will eliminate the risk of failure and take into account all the nuances of changing the VRI.

Construction of production facilities

What can and cannot be built?

Allowed to build:

• industrial buildings (plants, factories, production workshops);
• cultural and community premises (sanitary, medical, educational institutions, public catering premises);
• other structures (warehouses, utility rooms);
• water bodies (ponds, pools with retaining structures on water outflows).

Forbidden:

• individual residential buildings (residential buildings, apartments);
• personal subsidiary farming (vegetable gardens: growing agricultural products);
• country buildings (baths, woodsheds, sheds);
• other structures that contradict the intended purpose of the land plot (animal enclosures).

Important! If residential development takes place in an area with restrictions on the exploitation of the site, it is possible to change the category of land from industrial to agricultural land or populated areas.

What is required for construction?

According to Federal Law No. 218-FZ dated July 13, 2015 “On State Registration of Real Estate,” the following documents are required for the construction of a facility:

1. A document establishing the right to own a plot of land.
2. Technical plan of the land plot.
3. Construction permit (issued according to the documents of paragraphs 1 and 2, issued by the local government body at the location of the site - part 4 of article 51 of the Civil Code of the Russian Federation).
4. Technical plan of the structure.

How to change the category of industrial land?

Issues related to changing the category of land plots are regulated by the Land Code and Federal Law No. 172 of December 21, 2004.

Converting land to industrial use is not an easy procedure. It is much easier to make the reverse change.

For example, when transferring an industrial zone to the category of settlements, there are only 2 restrictions:

1. Objects of the industrial zone are subject to demolition, or the territory is polluted or disturbed. In these cases, a remediation project is required to change the category. The same feature applies to situations where the area is polluted or disturbed.
2. The soil layer on industrial lands has been disturbed. In this situation, it will be necessary not only to coordinate the reclamation project, but also to carry out all the proposed work.

It is much more difficult to convert agricultural land into industrial land . This is permitted only in exceptional cases.

The only basis for allowing a change in category is the provision of evidence of the complete loss of the agricultural plot of useful properties necessary for conducting agricultural activities.

The procedure for transferring agricultural land to industrial land is a rather lengthy process. Registration of permits for transforming the intended use of land takes more than 6 months.

It should also be taken into account that this procedure is associated with significant material costs, including payment of state fees for the issuance of cadastral documents and compensation to the state for losses in connection with the transformation of the legal regime of agricultural land.

To obtain permission to transfer, you must contact the local government with an application and supporting documents. If the plot is used by lease, then to change the category of land you still need to obtain permission from the owner of the property.

List of documents for changing the legal status of a land plot:

• petition for the need to change the intended purpose of the land plot (the form can be obtained directly from Rosreestr or downloaded from the website of this service);
• boundary plan of the site;
• cadastral passport;
• title document;
• permission to transfer land to another category, issued by the local administration.

The application and documents are reviewed within 10 days, after which the applicant receives a decision to transform the category of land or a refusal.

If the municipality makes a positive decision, a written appeal must be sent to the Ministry of Property Relations regarding the transformation of the intended purpose of the site and the possibility of placing an industrial facility on it.

After 2 months, the applicant will be issued a decision granting the right to transfer the land property to another legal regime.

Within 2 weeks, a copy of this decision will be sent to the applicant and Rosreestr. The procedure is completed by entering information about the transfer of agricultural land to the industrial category.

Package of documents for submission to Rosreestr:

• permission from the administration;
• project for the location of an industrial facility on a land plot;
• boundary plan;
• technical characteristics of the structure;
• conclusion of the environmental commission;
• cadastral documents for land;
• soil restoration project;
• economic feasibility study for the construction of an industrial facility;
• certificates of state costs associated with the transfer of land.

The list of documents may be supplemented depending on the regulations adopted in a particular region.

According to statistics, a positive decision on the issue of transferring agricultural land to industrial areas is made if the land plot is sufficiently remote from populated areas.

Management and monitoring

Art. 67 of the RF Land Code provides for state monitoring of lands. The effectiveness of the management activities of an industrial enterprise directly depends on timely and reliable information about the functioning and economic condition of the organization.

Attention! Monitoring as a means of obtaining statistically reliable information and drawing up short-term and long-term forecasts is necessary for high-quality management of the process of sustainable development of an enterprise.

Industrial land monitoring allows you to:

• predict profitability;
• innovative development;
• solvency and liquidity;
• determine financial stability;
• business activity of the enterprise.

In addition, land monitoring motivates industry; timely strengthening of vulnerable areas helps prevent errors , which contributes to the development of the enterprise.

Methods of state cadastral valuation

Decree of the Government of the Russian Federation dated April 8, 2000 No. 316 “On approval of the Rules for conducting state cadastral valuation of land”, clauses 6.1. – 6.3. establishes the assessment procedure for industrial lands:

1. Determination of specific indicators of the cadastral value of land plots: calculated based on the values ​​of specific indicators of the cadastral value of land plots of the category and (or) type of use bordering the specified land plots.
2. Calculation of the cadastral value of land plots: determined by multiplying the specific indicators of the cadastral value of the specified land plots by their area.

Cost calculation

Cadastral value is a conditional monetary value, intended mainly for calculating tax. Cadastral registration in the Russian Federation is regulated by the laws “On cadastral activities” dated July 24, 2007 No. 221-FZ and “On state registration of real estate” dated July 13, 2015 No. 218-FZ.

An example of calculating cadastral value.

Calculation of KS is a complex process. You can preliminary estimate the CS of a site using a simplified formula:

KS=PL*(KI+KL)*KP , where:

• KS (rub.) – cadastral value.
• PL(m2) – area of ​​the plot.
• KI, KL (rub./m2) – infrastructure and specificity coefficients.
• KP – transition coefficient.

According to the regulations of Rosreestr, the calculation of the KS of land plots is carried out at least once every 5 years and no more often than after 3 years. The necessary coefficients for preliminary calculation can be obtained from professional appraisers.

Is it possible to rent or transfer into ownership and under what conditions?

The following agreements may apply to industrial lands:

1. purchases and sales;
2. rent;
3. free use;
4. donations and other permissible agreements relating to real estate.

• no impact on industrial lands is possible if international agreements are implemented;
• reconstruction or construction of federal (local) defense, security, energy, transport and other communications facilities is taking place;
• if the plot is seized in accordance with a court order;
• in the presence of other justified reasons that do not contradict federal legislation.

Features and rental procedure

Renting from a private person:

1. Find an owner with a suitable land plot.
2. Determine the subject of the relationship, price, rental period and sign the agreement in 2 copies for each party. If the lease exceeds 12 months, registration is required with Rosreestr.

Renting from the municipality:

1. Submit an application to the administration that owns the land.
2. Submit an application to participate in the auction.
3. Make a fixed deposit, which is returned if you lose at the auction.
4. Sign the appropriate agreement with the municipality.

Required documents:

• Identity document for an individual.
• Extract from the Unified State Register of Individual Entrepreneurs or the Unified State Register of Legal Entities for individual entrepreneurs and legal entities.
• Application in the prescribed form.
• Cash document confirming payment of the deposit.

For registration in Rosreestr:

• Application from the landlord.
• Resolution of the administration on the allocation of the site.
• Tenant's identification documents.
• Three signed copies of the agreement.
• Constituent documents for the land plot.
• Receipt for payment of state duty.

Purchase, sale and lease of industrial land

Industrial land can belong to private individuals, organizations, the state and municipal authorities.

As with other types of property, all transactions defined by law can be concluded with industrial lands - purchase and sale, donation, gratuitous use, etc.

But when purchasing such land, you need to take into account that there is a specific type of permitted use for it. And it will not be possible to use such land for other purposes. For example, sites for warehouses cannot be used for the construction of car service stations.

When planning to buy industrial land, you need to consider whether the site has the necessary communications. If gas, electricity and water supply have to be specially installed on this site, then such a site may turn out to be too expensive, and its purchase unprofitable.

Another important nuance of acquiring industrial land is the need to obtain a construction permit and its approval by government agencies. This is not only a financial cost, but also a waste of time.