Article 85. Composition of lands in settlements and zoning of territories

Meaning of the term

Before we begin discussing the issue, it is worth explaining what settlement lands are. To do this, you should focus on the legislative framework, in particular, Art. 83 (ZK RF).

Settlement lands are a territory separated from other lands, already used or being prepared for development and the formation of urban and rural infrastructure.

The area must be divided into zones according to the project approved by local governments, taking into account the rules of land use and development.

And yet, certain powers regarding these lands remain with government agencies. Let's explain what this means. In cases where harm may be caused to health, human life or the environment, authorities can make their own decisions regarding the use of the territory by its owner.

The settlement lands are not intended for residential buildings alone

The development of settlements is not carried out spontaneously: different objects occupy their own territorial niche. The purpose of each object is regulated by the regulations of the town planning code within its zone. In total, according to Art. 85 of the Land Code of the Russian Federation, there are nine types of NP zones:

Features of use

In most cases, plots are purchased for development. Since for a long time there was no private ownership of land, the boundaries of territories in more or less large settlements of the country were displayed on plans. This was mainly individual housing development. Borders have formed that have more of a conditional than a real meaning.

The exploitation of settlement lands is carried out in accordance with regulatory legal acts. This issue is described in detail in the Land Code of the Russian Federation.

Each territory has its own operating conditions, which are established separately taking into account its location and the possibility of using nearby areas. For any zone, a single regulation is introduced, where the right order is established. They are guided by it during the construction and operation of buildings.

The terms of the regulations may be violated when:

the land is not used for its intended purpose in accordance with the territorial region;
the area of the site or building does not meet the maximum generally accepted standards.

The time allowed for eliminating nonconformities may be unlimited. During corrections, the site can be used only when it does not threaten the life and health of people, the environment and historical buildings.

Permitted use of settlement lands

Land plots can be used only in accordance with their purpose, regardless of the type of ownership they are in. The purpose of the sites is determined in accordance with their category.

The law distinguishes the following types:

land for agricultural production;
territories of cities, towns, etc.;
industrial zones;
lands of environmental significance, zones of historical and cultural monuments, specially protected zones;
forest and water resources;
reserve lands.

The names make it clear for what purposes each type can be used.

Composition and purpose of suburban areas

The rules for the use of suburban areas are also regulated by the Land Code of the Russian Federation. In particular, Article 85 prescribes the designation of the composition of settlement lands. It is customary to distinguish the following territorial zones:

public and business,
populated
recreational,
for agricultural production,
production,
infrastructure,
rest.

There are a number of requirements regarding the establishment of the boundaries of each zone. They are formed individually, taking into account the location of the territory and the possibility of using adjacent lands for certain activities according to their purpose.

The purpose of settlement lands is that they act as a kind of territorial platform on which residential, industrial, office, social and cultural buildings, structures and facilities necessary to meet the needs of the population are located.

The value and economic attractiveness of sites depends on many factors:

location,
relief,
presence of buildings and so on.

Economic phenomena in recent years have greatly influenced the change in the types of exploitation of settlement lands. Development of residential and office premises, cultural, entertainment and shopping facilities has acquired priority.

Learn more about how land zoning is done.

[Land Code] [Chapter XV]
. The composition of the lands of settlements may include land plots classified in accordance with urban planning regulations to the following territorial zones:

1) residential;
2) social and business;
3) production;
4) engineering and transport infrastructures;
5) recreational;
6) agricultural use;
7) special purpose;
military facilities;
9) other territorial zones.

. The boundaries of territorial zones must meet the requirements that each land plot belongs to only one zone.

The land use and development rules establish urban planning regulations for each territorial zone individually, taking into account the characteristics of its location and development, as well as the possibility of territorial combination of various types of land use (residential, public and business, industrial, recreational and other types of land use).

For land plots located within the boundaries of one territorial zone, a unified urban planning regulation is established. The urban planning regulations of the territorial zone determine the basis of the legal regime of land plots, as well as everything that is located above and below the surface of land plots and is used in the process of development and subsequent operation of buildings and structures.

. Urban planning regulations are mandatory for all owners of land plots, land users, landowners and tenants of land plots, regardless of the form of ownership and other rights to land plots.

These persons may use land plots in accordance with any type of permitted use provided for by the town planning regulations for each territorial zone.

. A land plot and real estate objects firmly associated with it do not comply with the established urban planning regulations of territorial zones if:

the types of their use are not included in the list of permitted uses;
their sizes do not correspond to the maximum values established by urban planning regulations.

The specified land plots and real estate objects firmly associated with them can be used without setting a deadline for bringing them into compliance with urban planning regulations, except in cases where their use is dangerous to the life and health of people, the environment, historical and cultural monuments.

In cases where the use of land plots and real estate objects firmly connected to them that do not comply with urban planning regulations is dangerous to human life or health, to the environment, to cultural heritage sites (historical and cultural monuments), in accordance with federal laws, a ban on the use may be imposed such objects.

Reconstruction of existing real estate, as well as the construction of new real estate, firmly connected with the specified land plots, can only be carried out in accordance with established urban planning regulations.

. Land plots within residential zones are intended for development with residential buildings, as well as cultural, social and other facilities. Residential zones can be intended for individual residential development, low-rise mixed residential development, mid-rise mixed residential development and multi-storey residential development, as well as other types of development in accordance with urban planning regulations.

. Land plots within public and business zones are intended for development with administrative buildings, educational, cultural, social, and other facilities intended for public use in accordance with urban planning regulations.

. Land plots within industrial zones are intended for development with industrial, utility, warehouse, and other production facilities intended for these purposes in accordance with urban planning regulations.

. Land plots as part of engineering and transport infrastructure zones are intended for development of railway, road, river, sea, air and pipeline transport, communications, engineering infrastructure, as well as other facilities in accordance with urban planning regulations.

. Land plots within recreational zones, including land plots occupied by urban forests, squares, parks, city gardens, ponds, lakes, reservoirs, are used for recreation and tourism.

. Within the boundaries of populated areas, zones of specially protected territories may be allocated, which include land plots that have special environmental, scientific, historical, cultural, aesthetic, recreational, health and other particularly valuable significance.

Land plots included in the zones of specially protected areas are used in accordance with the requirements established by Articles 94 - 100 of this Code.

Land plots containing objects that are not historical and cultural monuments, but located within the boundaries of the protection zones of historical and cultural monuments, are used in accordance with urban planning regulations established taking into account the requirements for the protection of historical and cultural monuments.

. Land plots within agricultural use zones in settlements - land plots occupied by arable land, perennial plantings, as well as buildings and structures for agricultural purposes - are used for the purpose of agricultural production until the type of their use changes in accordance with the general plans of settlements and rules land use and development.

. Public land plots occupied by squares, streets, driveways, highways, embankments, squares, boulevards, water bodies, beaches and other objects may be included in various territorial zones and are not subject to privatization.

Legal regime

The main regulatory legal act that defines the features of the legal regime of territories is the Land Code of the Russian Federation, in particular, Art. 83, 84, 85 and 86, which contain the concept, purpose and use of the territories of populated areas.

In cities of federal significance (Moscow, St. Petersburg, Sevastopol), changes may be made at the local level.

According to the laws of land use and development, plots owned by private, legal entities or leased can be purchased or withdrawn in favor of the state.

This reveals the legal regime of settlement lands.

Territorial boundaries change solely on the basis of the laws of the constituent entities of the Russian Federation. In cities of federal significance, adjustments are made by federal legislation after agreement with local authorities.

Territorial boundaries for administrative zones are established by the Government of the Russian Federation.

All land owners and tenants are required to take into account the Town Planning Regulations when operating their plots.

Types of legal exploitation and development

We cannot ignore the topic of land use and development taking into account their purpose. The following types of site exploitation can be distinguished:

Private subsidiary plot – personal subsidiary plot. An area that is used exclusively for field farming. There is no provision for the construction of buildings on such lands.
Individual housing construction – individual housing construction. These lands are always located in the zone of residential settlements. Residential buildings are built here, communications are arranged, social infrastructure and road networks are formed.
SNT is a gardening non-profit partnership. The lands under the SNT are highly fertile, therefore they are expensive and, as a rule, are located outside the city limits.
DNP is a dacha non-profit partnership. The lands are not as fertile as under SNT. The sites are usually located outside the city. When purchasing them, membership in the association is assumed with the opportunity to participate in meetings.

It is legally determined that it is possible to build taking into account the characteristics of the territory. This allows you to use the areas with maximum benefit, and most importantly, for their intended purpose.

What does settlement land mean?

The division of land into categories is the main provision of the Land Code of the Russian Federation. The category and type of each registered plot of land is determined in the State Real Estate Cadastre. The legislator provides for administrative liability for the use of a site for purposes that do not comply with the established ones.

If we are talking about plots as the property of individuals, it is necessary to indicate only the categories for which a special type of use is defined. First of all, these are land plots, the use of which allows for residential development and agricultural buildings. Typically, such lands are located in places where people live, which is why they are called settlement lands.

The settlement lands share common individual characteristics. Such plots of land are lands that are used to meet the needs of settlements (regardless of size) and are located within (within) the municipality.

The line is the outer boundary of a city or rural community and divides land with different categories of permitted use. This boundary may be changed in accordance with the municipal development plan.

It must be remembered that the boundary of a settlement includes not only land that has already been developed, but also empty plots of land that are intended to meet the needs of the living population or those that are individually owned.

The line limiting a municipality cannot cross a specific site, separating part of it. It is allowed to define boundaries only along the edge of the land plot. Local governments organize settlement lands according to development plans.

Transfer of other territories to settlement lands

Certain areas can be transferred to the category of settlement lands. As a rule, these are zones of agricultural significance and reserve lands. Less frequently, the category of land in the water and forest funds is changed.

Determining parameter: the value of the site. Often the cost of land determines the possibility of its transfer to another category. For example, if a territory is 50 percent or more more expensive than the average cost of land plots in the municipality, it is not subject to transfer.

Types of settlement lands

The legislation does not contain a specific classification of this type of real estate. However, according to certain characteristics, areas of this category can be divided into the following types:

Based on accessibility to privatization . Basically, all plots in this category can be transferred to the private sector, however, some zones in cities and towns cannot be privatized. These include park areas, embankments, areas under roads, city reservoirs, etc.
Based on permitted use . When the territory of different categories of zones is intertwined, their individual regulation influences each other to one degree or another. For example, if on the territory of cities and settlements there are objects of historical, cultural or environmental significance, then the order of their use will be combined. Of course, priority is given to more significant goals.
Lands included in the urban master plan or the so-called “red lines”. These are the areas that in the near future may be requisitioned for use in accordance with the state development plan. Knowing exactly which areas are on the “red line” is very important, since there is no point in building them up and spending money.
Suburban areas can be called a separate type of settlement zones . They are in a special position, since they can be of different categories, but at the same time with a high probability they can be transferred to settlements. Immediately before the implementation of the city expansion plan, land plots in the suburbs are cleared of plantings, industrial facilities or infrastructure facilities. Of course, before this, land plots are requisitioned.

Also, depending on the purpose of the site by private individuals, they can be divided into the following:

zones allocated for the construction of individual housing;
land plots provided for the development of dacha buildings;
territories of gardening partnerships;
lands of private farms.

What is the difference between the lands of settlements and populated areas?

In terms of content, there is no difference between the lands of settlements and populated areas. The second phrase is just a new name for settlement lands. For the first time it was enshrined in the Land Code.

Thus, lands of settlements and lands of settlements are one and the same, although in old documents one can often find the first term. This does not affect the legality of the documentation.

The concept of boundaries of settlements.

The boundaries of urban and rural settlements are considered in the Land Code of Russia as a separate concept. According to the provisions of this legal act, the boundaries of urban and rural settlements are special boundaries that make it possible to separate settlements from other lands that are assigned a different category.

According to federal regulations, the boundaries of urban or rural settlements cannot in any way cross the boundaries of other municipalities.

In addition, land legislation clearly establishes the requirement that the boundaries of settlements cannot not only cross the boundaries of municipalities, but also in any way go beyond them.

Also, the boundaries of settlements are established in such a way as not to cross land plots allocated for use and agriculture to individuals or legal entities, organizations acting to meet the needs of the state and individual subjects of the state.