Land plot owners or users often need to use their land plot for the purpose different from the ones stipulated in the registration materials: to construct modern residential and office buildings instead of obsolete industrial areas. In some cases, the current land use needs to be brought into conformity with the requirements of the municipal general layout plan.
There could be a need to amend the data in the State Land Cadastre as to the configuration, general characteristics of the land plot or restrictions thereof etc.
Such situations are common. It does not mean that registration of the land plots has to be cancelled, with the new object formed. Respective amendments are sufficient.
The grounds, algorithm of actions as well as lawfulness thereof must be determined on a case-by-case basis.
For instance, if the land plot is identified with another location, the respective decision of the owner is enough. However, changes in the intended use actually mean the same actions as the ones taken during primary registration of the plot with the cadastre.
In this case, one should remember that the intention or production need is generally not enough to change data on the land. In the first place, necessary conditions can be the will of the land owner, sometimes adjacent land users, functional zoning of the area. Thus, the amendment procedure is often preceded by the preparation work (to obtain consent of the land plot owner, to develop the detailed plan of the area etc.).
Therefore, the ultimate goal of the client, the current land use and urban development situation, the effective laws and regulations, which have been recently reformed, should be analysed, and risks of each of the possible implementation mechanisms should be assessed in order to select the optimum model of conduct.
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5th place in Real Estate Practice category
5th place in Land Law category
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