The growth of industrial production, construction of cities necessitate the removal of old and construction of new enterprises in the new territories. In this case, placement of industrial facilities must comply with the intended purpose of land, detailed plan, the project construction area. All too often, when circumstances dictate the need for the owners of accommodation facilities on land that was originally bends or referred to in building projects for other purposes. Given that the planning documentation is inextricably linked with the documentation of land use, planning placement of the site in this case is only relevant in the case of the possibility of changing the target destination site and make the appropriate changes to the project of building the site. However, the current legislation contains some features on the definition of species and the purpose of land registration procedures to change them.
Consider the following scenario. The owner owns the land. Purpose set out in the act on land ownership of the Customer, "for wholesale and warehousing." The possibility of accommodation in the area of the plant for the production of food.
The procedure and the need to change the purpose of land described in Article 20 of the Land Code of Ukraine. According to claim 5 "uses of land within a particular category of land (other than agricultural land and land defense) is determined by its owner or by the user in the limits established by law to the use of land in this category, subject to planning documentation and documentation of Land Management" . Thus, we need to understand in this situation, to which categories, ie to which the main purpose, is dannyyvid lands. Categories of land (the main target species assignments) are listed in Article 19 of the Land Code. This agricultural land, residential and community settings; land nature reserves and other conservation purposes; land recreational purposes, recreational land, the land of historical and cultural significance, the land for forestry purposes, land and water resources, finally, industrial, transportation, communication, energy, defense and other purposes. The list is exhaustive, but the fine resolution of the existing TSP does not matter. Same kinds of details the purpose of land identified as approved by Order of the State Committee of 23.07.2010 № 548, the classification of types of target land use. In the study of the text of the document in the Section B «Earth housing and public building" find a destination "for the construction and maintenance of buildings of trade." At the same time, see Section J «Land of industry, transport, communications, energy, defense and other purposes" species corresponding to at least partially specified in the Act for the right sobstvennostitrebovaniyam not present. In this case, it transpires that the intention to use and having the desired destination are in different categories, ie, the owner of the planned use of the site without changing its purpose is a violation of the law of the land, on the one hand, and the rule matching the architectural design of the plant on the site, on the other. Therefore, you must perform the procedure shifts purpose envisaged by the Cabinet of Ministers № 502 of 11.04.2002, that is to reconcile or renegotiation of the project of land allocation followed by the decision of the district or regional state administration.
At the same time it is necessary to amend the planning documentation - construction plan, a detailed plan of the area. Procedure is provided by local rules of construction areas, such as the Rules of construction of the Kiev region, Koga approved by Decree number 1060 of 19.12.2006, and was solved through planning substantiation.
But here we need to take into account chtoZakon of Ukraine "On regulation of urban development" of 02.12.2010, the principal adjustments made to the possibility of changing the planning documentation. Article 24 contains compliance requirements developed urban land documents available (detailed plan of the territory - DPT). In addition, since 1 January 2012 the presence of DPT to change the target destination is imperative.
Thus, the object in this case is necessary to observe several conditions:
The presence of DPT developed lands of the village council.
Conformance with the DPT main purpose area required.
Through the procedure Renegotiating the allotment project site.
Receiving positive decisions of district and regional authorities.