Published: 03.11.2022.
Price
Free
Receiving restrictions
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Description:
The local government shall, within 15 days after the receipt of the application and all documents necessary regarding the determination of the purpose of use or the receipt of changes, determine or change the purpose of use or prepare a reasoned refusal.
Description:
The determination or change of the purpose of use in the cases referred to in Paragraph 16 or 17 of these Regulations shall be proposed within a period of one month by an owner of real estate or, if there is one, the legal possessor, the user of the State or local government for the land - the user thereof or, if there is one, the tenant (hereinafter - person).
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The purpose of use of real estate (hereinafter - purpose of use) shall be determined or changed for land units and parts of land units located in the administrative territory of the municipality, as well as planned land units and parts of land units (hereinafter together - land unit).
The municipality does not determine the purpose of use for a land unit that is in the possession or use of the Ministry of Defense, the Ministry of the Interior, the Prison Administration or a state security institution.
The purpose of use is determined in order to determine the cadastral value of a unit of land. The purpose of use is one of the most important data influencing the cadastral value, as it characterizes the legal use of the land (i.e., the current use or the permitted use specified in the municipal spatial plan or detailed plan).
The purpose of use is determined if a new land unit is created or if the purpose of use is not determined for the land unit.
A change of use is proposed in the following cases:
- for a unit of land with several uses:
- if a land unit or part of an adjacent land unit is added to it;
- if a new land unit is separated from it;
- a building permit has been issued, including for reconstruction or simplified reconstruction, the implementation of which will change the main use of the building or the use of a group of premises, if the premises are located in a building whose main use is "Two-apartment houses", "Three-apartment houses" buildings "," Office buildings "or" Wholesale and retail buildings ";
- if the purpose of use specified for the undeveloped land unit does not comply with the permitted use specified in the valid detailed plan;
- after concluding the land lease agreement, the previously determined purpose of use does not correspond to the land use specified in the lease agreement or the lease agreement specifies the areas belonging to the purpose of use and the lease agreement does not contradict the detailed plan or spatial plan;
- after changes in the spatial plan for an unbuilt land unit, the previously determined purpose of use of building land does not correspond to the planned (permitted) use specified in the spatial plan;
- the previously legally determined purpose of use and the land area belonging to it does not comply with the requirements of regulatory enactments.
The determination or change of use is proposed by:
- the owner of the real estate or, in opposite case, the legal possessor;
- the user of state or local government land or, failing that, the lessee;
- state institution or municipality.
In order to propose a change of use, an application must be submitted, in which the information and documents to be attached, as well as the submission procedure are specified in Cabinet Regulation No. 496 of 20 June 2006 “Classification of Real Estate Use and Procedure for Determining and Changing Real Estate Use” 21 ., 22, 29.
The municipality has the right to determine additional documents that are necessary for determining the purpose of use of undeveloped building land.
The purpose of use is determined or changed within 15 days after receipt of the application and all necessary documents by a decision of the municipality (or prepare a refusal).
After making a decision, the municipality shall transfer information regarding the determined or changed purpose of use to the State Land Service for inclusion in the information system of the State Real Estate Cadastre in the online data transmission mode, without involving a private person.