Can I build on your site? We tell you how to check

If the house is built on a plot not intended for construction and violations were committed existing rules and regulations, it is impossible to issue the right to it and it will be recognized as illegal construction. According to the current legislation, a person who built a house on such a site must demolish it for his own money (or the administration will demolish it, and then issue an invoice to the owner). And even if demolition can be avoided, the strategy of “living in a house that is legally not mine” is very risky. In addition, such a house cannot be sold, donated, bequeathed, or even insured. We will tell you how to find out on which site you can build houses. And on what - no.

Land categories by purpose

All land in our country is divided into categories that determine their purpose. According to the current version of the Land Code, there are seven such categories:

• settlements (settlements) - ZNP;
• for agricultural purposes - ZSH;
• special purpose (they can accommodate industrial facilities, railways, military units, etc.);
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• specially protected natural areas (SPNA);
• forest fund;
• water fund;
• state reserve.

What categories can you build on?

You can build houses on land of two categories:

• settlements (ZNP);
• for agricultural purposes (ZSH).

In some cases, special-purpose land is allocated for construction: for example, there used to be a military unit in the district, and the local authorities decided to give the land belonging to it for residential development.

If my site belongs to the RFP or ZSH, can I safely start construction?

No. Construction can be started when the conditions of permitted use are met on the lands of these categories. Permitted use (VRI) of the site. Of all the variety presented in the Classifier of the types of permitted use of land plots, a person who wants to build an individual house should be interested in the following:

• VRI;
• for private household plots (personal subsidiary plots);
• for gardening.

The ideal option - individual housing construction at the ZNP or ZSH - the law allows you to build a house with a foundation and any kind of communications. It is possible to build private household plots on a plot with VRI if it lies within the boundaries of the settlement and belongs to the category of RFP. If he is on agricultural land or outside the boundaries of the settlement, construction is prohibited.

It is possible to build on summer cottages (category - agriculture, VRI - gardening), if it is allowed by the PZZ (rules of land use and development), approved by local authorities.

Is that all, or are there any other pitfalls?

• The use of the land plot may be subject to restrictions related to cultural objects, Power lines, railways and even highways, water protection, sanitary protection, coastal and industrial zones. Perhaps the land will be within the boundaries of the natural-historical landscape and then it will be impossible to start construction without the approval of the local Department of Cultural Heritage. Or the site will be within the boundaries of a zone with special conditions for the use of territories, and there are no options there: any construction will be prohibited.

How can I find out the category and VRI of my site? Is there a quick way?

• Yes, you can use the public cadastral map. This is a free service that contains information about land plots in Moscow, the Moscow region or any other region of Russia, including the category and type of permitted use of land.

And how to find out about the restrictions on the use of a land plot?

• You can also use internet services. So, residents of the Moscow region can receive information about construction restrictions and the main types of permitted use of a land plot by cadastral number.

I checked the site on the map and broke through the restrictions on the cadastral number - everything is in order with it. What else do I need to make sure before I start building?

• Before starting construction, you need to make sure that you have documents of title to the site, that is, documents confirming the rights to land. Usually this is a sale and purchase agreement, or a deed of gift, less often - the assignment of rights to the memory or an exchange agreement.

I have a category - agriculture, VRI - gardening, building according to PZZ is allowed. But my title deed is a gardener's membership card. How can I assess my prospects for building a house?

• How sad. Membership card is not a document of title, and it cannot be the basis for registering ownership of a land plot. And now you have to go through a whole quest, in which the most important thing is to get a document-basis (this can be either a decision of local authorities to allocate memory from the district archive, or a court decision).

What paperwork problems did you encounter during construction? Write in the comments!

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