Lease of Land Plots

General Provisions

Concept of Lease

General provisions on lease are regulated by Chapter 34 of the Russian Civil Code («Lease»). «According to the lease agreement (property rental) lessor (landlord) is obliged to provide the lessee (tenant) with property for a fee into temporary possession and use or into temporary use.

Fruits, products, and income, obtained by the lessee as a result of using the leased property in accordance with the contract, are his property.» (article 606 of the Russian Civil Code (GK RF)).

Lease of land plots is regulated by Article 22 of the Land Code of the Russian Federation.

Which land plots may be leased out

Land plots, except those removed from circulation¹, may be leased in accordance with civil legislation and the Land Code of the Russian Federation (ZK RF) (paragraph 2 of Article 22 of the Land Code of the Russian Federation (ZK RF)).

Transfer of rights and obligations under a lease agreement

Lessee of a land plot, except for participants of the free economic zone on the territories of the Republic of Crimea and the city of federal importance Sevastopol, who have been provided with land plots without conducting auctions for implementation of agreements on conditions of activities in the free economic zone, concluded in accordance with Federal Law No. 377-FZ of November 29, 2014 "On Development of the Republic of Crimea and the City of Federal Importance Sevastopol and the Free Economic Zone on the Territories of the Republic of Crimea and the City of Federal Importance Sevastopol"², as well as

subjects of small and medium-sized entrepreneurship renting land plots included in the lists of state property and municipal property provided for in paragraph 4 of article 18 of the Federal Law dated July 24, 2007 No. 209-FZ "On the Development of Small and Medium-Sized Entrepreneurship in the Russian Federation"³, citizens or peasant (farmer) households to which land plots from agricultural lands owned by the state or municipality have been allocated for the conduct of their activities by peasant (farmer) households, are entitled to transfer their rights and obligations [by](/enc/32588/ "Definition"

"PO" (as defined in the legal encyclopedia) under the lease agreement for a land plot to a third party, including granting lease rights on land plot as pledge and contributing them as a capital contribution to the charter capital of a business partnership or company, or as a share contribution to a production cooperative within the term of the land lease agreement without the lessor's consent provided that the lessor is notified⁴, unless otherwise stipulated in the land lease agreement. In such cases

responsible under the land lease agreement to the lessor becomes the new lessee of the land plot, except for the transfer of lease rights as a pledge. In this case, the conclusion of a new land lease agreement is not required (paragraph 5 of Article 22 of the Russian Land Code).

Transfer by the lessee, who is a party to the contract for the development of territory for the purpose of construction and operation of a commercial rental house⁵ or the contract for the development of territory for the purpose of construction and operation of a social rental house, rights and

obligations under a lease agreement for a land plot owned by the state or municipal property and provided to him for the development territory for the purposes of construction and operation of a commercial rental house or for the development territory for the purposes of construction and operation of a social rental house (excluding the transfer of lease rights as a pledge or enforcement of claims on the transferred

pledge lease rights in accordance with the procedure established by the Federal Law of July 16, 1998, No. 102-FZ "On Mortgage (Real Estate Pledge)"⁶), is allowed only in the case of transfer by the specified person of rights and obligations under the agreement on land development for the purpose of constructing and operating a commercial rental house or the agreement on land development for the purpose of constructing and operating a social rental house. Transfer by the lessee, who is a non-commercial organization established

the subject of the Russian Federation or a municipal formation for the development of territories for the purpose of construction and operation of social rental housing, rights and obligations under a lease agreement for a land plot owned by the state or municipality and provided to this non-commercial organization for the development of territory for the purpose of construction and operation of social rental housing (excluding the transfer of lease rights as collateral or enforcement of claims on such transferred lease rights in accordance with Federal Law No. 102-FZ dated July 16, 1998 "On Mortgage (Pledge)"

real estate)»⁷), is not allowed (paragraph 5.1 of Article 22 of the Land Code of the Russian Federation (ЗК РФ).

The lessee [/enc/27266/ "Definition of the term 'Lessee' in the legal encyclopedia"] of a land plot who is a resident of a special economic zone is not entitled to transfer their rights and obligations under the lease agreement for the land plot to a third party, including contributing lease rights to the land plot [/enc/3419/ "Definition of the term 'Land Plot' in the legal encyclopedia"] as part of the charter capital of a business partnership or company or as a share contribution to a production cooperative, except for the transfer of lease rights to the land plot [/enc/3419/ "Definition of the term 'Land Plot' in the legal encyclopedia"]

in pledge (paragraph 5.2 of Article 22 of the Land Code of the Russian Federation.

Transfer by a lessee who is a resident of a special economic zone or a managing company, of the lease rights on the land plot provided to them, which is owned by the state or municipal property, enforcement of claims on the lease right transferred as collateral and realization of the aforementioned lease right are carried out taking into account the features provided for in Article 32 of Federal Law No. 116-FZ dated July 22, 2005 «On Special Economic Zones in the Russian Federation»

»⁸ (paragraph 5.2 Article 22 of the Land Code of the Russian Federation).

According to Part 6 of Article 32 of the Federal Law dated July 22, 2005, No. 116-FZ "On Special Economic Zones in the Russian Federation"⁹, lessee of a land plot owned by the state or municipality, who is a resident of a special economic zone or a managing company, has the right to transfer lease rights on such a land plot as collateral to Russian legal entities in accordance with the procedures established by the Government of the Russian Federation¹⁰, taking into account the following conditions:

in the event of enforcement against the lease right for such land plot pledged as collateral and its realization, the aforementioned lease right may be acquired only by residents of the special economic zone or managing company of the special economic zone within whose boundaries this land plot is located;
in the case where the right of lease for such land plot has not been realized within a year from the date of enforcement of the claim, the aforementioned right of lease shall be acquired by the management [company](/enc/31934/ "Definition of the term «Company» in the legal encyclopedia) of the special economic zone within whose boundaries this land plot is located.

The lessee of a land plot, except for residents of special economic zones - lessees of land plots, participants of the free economic zone on the territories of the Republic of Crimea and the city of federal importance Sevastopol, to whom land plots have been provided on lease without conducting tenders for implementation of agreements on conditions of operation in the free economic zone, concluded in accordance with Federal Law No. 377-FZ dated November 29, 2014 "On the Development of the Republic of Crimea and the City of Federal Importance Sevastopol and the Free Economic Zone on the Territories of the Republic of Crimea and the City of Federal Importance Sevastopol"¹¹, as well as

subjects of small and medium-sized entrepreneurship renting land plots included in the lists of state property and municipal property provided for in paragraph 4 of Article 18 of Federal Law No. 209-FZ dated July 24, 2007 "On Development of Small and Medium-Sized Entrepreneurship in the Russian Federation"¹², citizens or peasant (farmer) households to which land plots from agricultural lands owned by the state or municipality have been allocated for the conduct of activities by a peasant (farmer) household, has the right to sublease the rented land plot to

within the term of the land lease agreement without the consent of the lessor provided that they notify him, unless otherwise stipulated in the land lease agreement. All rights of lessees of land plots provided by the Russian Land Code (ZK RF) (paragraph 6 Article 22 of the Russian Land Code) apply to sublessees.

Federal executive authorities, executive authorities of the subjects of the Russian Federation, local self-government bodies approve lists¹³ of state property and municipal property free from third-party rights (excluding the right of economic management, the right of operational control, as well as property rights of small and

of small and medium-sized entrepreneurship), with an annual addition to these lists by November 30th of the current year with state property and municipal property. State and municipal property, included in the aforementioned lists, is used for providing it into ownership and (or) use on a long-term basis (including at preferential rental rates¹⁴) to subjects of small and medium-sized entrepreneurship and organizations forming the infrastructure supporting subjects of small and medium-sized entrepreneurship, and may be alienated on

on a compensated basis into the ownership of small and medium-sized business entities in accordance with Federal Law No. 159-FZ dated July 22, 2008, "On Specific Features of Transfer of Movable and Immovable Property Owned by the State or Municipalities and Rented by Small and Medium-Sized Business Entities, and on Amendments to Certain Legislative Acts of the Russian Federation"¹⁵, as well as in cases provided for in subparagraphs 6, 8, and 9 of paragraph 2 of Article 39.3 of the Land Code of the Russian Federation. These lists must be compulsorily published¹⁶ in mass media, and also placed on

information and telecommunications network "Internet" on official websites of state executive authorities, local self-government bodies and/or on official websites of information support for subjects of small and medium-sized entrepreneurship. The aforementioned lists do not include land plots provided under subpoints 1 - 10, 13 - 15, 18 and 19 of paragraph 8 of article 39.11 of the Land Code of the Russian Federation, except for land plots leased to subjects of small and medium-sized entrepreneurship **(part 4 of article 18 of the Federal Law of July 24, 2007 No. 209-FZ "On Development of Small and Medium-Sized Entrepreneurship in

of the Russian Federation»[17])**.

When renting a land plot owned by the state or municipal property, for a period exceeding five years, the lessee of the land plot has the right, unless otherwise provided by federal laws, within the term of the lease agreement, to transfer their rights and obligations under this agreement to a third party, including the rights and obligations specified in paragraphs 5 and 6 of this article, without the consent of the lessor, provided that they notify the lessor. Altering the terms of the land lease agreement without the consent of the lessee and restricting the lessee's rights established by the lease agreement is prohibited.

If otherwise provided by this Code or other federal laws, early termination of a land lease agreement concluded for a term exceeding five years at the request of the lessor is possible only based on a court's decision in case of a substantial breach of the land lease agreement by the lessee (paragraph 9 Article 22 of the Land Code of the Russian Federation).

The tenant of a land plot, to whom such a land plot has been provided in connection with the provision for lease of buildings and structures located on such a land plot and owned by the state or municipal property buildings, structures, has the right, with the consent of the landlord, to transfer their rights and obligations under the lease agreement for such a land plot to a third party only in cases where they are transferred to that specified third party in connection with the transfer of rights and obligations under the lease agreements for such [buildings](/enc/18936/

"Definition of the term 'Buildings' in the legal encyclopedia"), structures. The aforementioned lessee is not entitled to pledge the right of lease of the land plot or contribute it as a capital contribution to the charter capital of a partnership or company, or as a share payment in a production cooperative (paragraph 9.3 Article 22 of the Land Code of the Russian Federation).

In the event of inheritance of land plots by persons who have not reached the age of majority, their legal representatives may lease out these land plots for a period until the heirs reach the age of majority (paragraph 10 Article 22 of the Land Code of the Russian Federation).

Land plots removed from circulation may not be leased out, except in cases established by federal laws (paragraph 11 Article 22 of the Land Code of the Russian Federation).

Rental Payment Amount

The amount of rent is determined by the lease agreement (paragraph 4 Article 22 of the Land Code of the Russian Federation). The amount of rent is an essential term of the land lease agreement (paragraph 12 Article 22 of the Land Code of the Russian Federation). The amount of rent for a land plot owned by the state or municipality is governed by Article 39.7 of the Land Code of the Russian Federation.

«The size of the rental fee for a land plot in state or municipal ownership is determined in accordance with the basic principles of determining the rental fee established by the Government of the Russian Federation» (paragraph 1 Article 39.7 of the Land Code of the Russian Federation (ZK RF)). The basic principles of determining the rental fee for land plots in state or municipal ownership are approved by Government Decree of the Russian Federation dated July 16, 2009 No. 582¹⁷.

According to paragraph 2 Article 39.7 of the Land Code of the Russian Federation (ЗК РФ), «In the case of concluding a lease agreement for a land plot owned by the state or municipality, at an auction for the right to conclude a lease agreement for a land plot, the amount of annual rent or the amount of the first rental payment for the land plot is determined based on the results of this auction.

In the event of concluding a lease agreement for a land plot with an individual who submitted the sole application to participate in the auction for the right to conclude a lease agreement for a land plot located in state or municipal property, with the applicant recognized as the sole participant in the auction, or with the sole participant in the auction, the amount of annual rental payment or the amount of the first rental payment for such land plot is determined at the level of the starting price of the auction item.

According to paragraph 3 Article 39.7 of the Land Code of the Russian Federation, unless otherwise provided by the Land Code of the Russian Federation or other federal laws¹⁸, the procedure¹⁹ for determining the amount of rent for land plots in state or municipal ownership and provided for lease without auction is established as follows:

By the Government of the Russian Federation with respect to land plots in federal ownership;
by the state authority body of a subject of the Russian Federation with respect to land plots owned by the subject of the Russian Federation, and land plots on which state ownership has not been demarcated;
by the local self-government body with respect to land plots owned by municipal property.

According to paragraph 4 Article 39.7 of the Land Code of the Russian Federation, the amount of rent for land plots in state or municipal ownership, allocated for placement of objects provided for by sub-paragraph 2 Article 49 of the Land Code of the Russian Federation²⁰, as well as for the use of mineral resources, may not exceed the amount of rent calculated for corresponding purposes in relation to land plots in federal ownership.

According to point 5 Article 39.7 of the Land Code of the Russian Federation, the amount of rent for a land plot owned by the state or municipal authorities is determined at an amount not exceeding the amount of the land tax calculated in relation to such land plot, in the case of concluding a lease agreement for the land plot:

with a person who, in accordance with this Code, has the right to receive free transfer into ownership of a land plot located in state or municipal ownership without conducting auctions, in the case where such a land plot is reserved for state or municipal needs or restricted in circulation;
with a person with whom a contract on comprehensive development of residential land territory has been concluded, if the land plot is formed within the boundaries of the territory in respect of which a decision on comprehensive development of residential land territory has been adopted and provided to such person, or with a legal entity ensuring, in accordance with the Urban Planning Code of the Russian Federation, implementation of the decision on comprehensive development of residential land territory;

2.1) with a person who has concluded contract for land development for the purpose of constructing and operating a commercial rental house or a contract for land development for the purpose of constructing and operating a social rental house, concerning the land plot provided to this person for land development for the purpose of constructing and operating a commercial rental house or for land development for the purpose of constructing and operating a social rental house, and in cases provided for by the law of the subject of the Russian Federation

of the Russian Federation, with a non-commercial organization established by a subject of the Russian Federation or a municipal entity for the purpose of developing territories aimed at constructing and operating social rental housing, regarding a land plot provided to this organization for the purpose of developing territory aimed at constructing and operating social rental housing;

with citizens who, in accordance with federal laws and laws of the subjects of the Russian Federation, have the right to priority or out-of-turn acquisition of land plots;
in accordance with paragraph 3 or 4 of Article 39.20 of the Land Code of the Russian Federation with persons to whom buildings, structures, and premises located on an indivisible land plot belong under the right of operational management.

According to paragraph 6 Article 39.7 of the Land Code of the Russian Federation, the rental fee for a land plot where a cultural heritage object located, privatized through sale at a competition in accordance with Federal Law No. 178-FZ dated December 21, 2001 "On Privatization of State and Municipal Property"²¹, is established as one ruble per year for the entire duration of fulfilling the competition conditions for the sale of such an object.

According to paragraph 7 Article 39.7 of the Land Code of the Russian Federation, the amount of rent for a land plot owned by the state or municipal property is determined on the basis of the cadastral value of the land plot, except in cases specified in paragraphs 2 and 6 Article 39.7 of the Land Code of the Russian Federation, as well as in other cases provided by federal laws.

Rental of land plots by foreign citizens and stateless persons

Foreign citizens, stateless persons may have land plots located within the territory of the Russian Federation under lease rights, except in cases provided for by the Land Code of the Russian Federation (paragraph 1 Article 22 of the Land Code of the Russian Federation).

Land plots occupied by objects owned by the federal government are removed from circulation, including: 1) state natural reserves and national parks, unless otherwise provided for in this Code and the Federal Law of March 14, 1995 No. 33-FZ "On Particularly Protected Natural Territories"; 2) buildings and structures where the Armed Forces of the Russian Federation, other forces, military formations and organs (except in cases,

established by federal laws); 3) buildings and structures housing military courts; 4) facilities of the Federal Security Service organizations; 5) facilities of state protection agencies; 6) facilities for the use of atomic energy, storage points for nuclear materials and radioactive substances; 7) facilities corresponding to types of activities for which closed administrative-territorial formations have been established; 8) facilities of institutions and bodies of the Federal Penitentiary Service; 9) military and civilian cemeteries; 10)

engineering and technical structures, communication lines and utilities erected in the interests of protecting and guarding the State Border of the Russian Federation (paragraph 4 Article 27 of the Land Code of the Russian Federation). ↩
2. Collection of Laws of the Russian Federation (SZ RF). 2014. No. 48. Article 6658. ↩
3. Collection of Laws of the Russian Federation (SZ RF). 2007. No. 31. Article 4006. ↩
4. Notice regarding the transfer by the lessee of a land plot of their rights and obligations under the lease agreement to a third party must be sent by the owner of the land plot within a reasonable time after entering into the corresponding transaction with the third party in written or other form that allows

The tenant must be provided with information regarding the receipt of the notice by the addressee. If, in cases established by Article 22 of the Land Code of the Russian Federation, such notice is not sent by the tenant within a reasonable period, the landlord has the right to demand compensation for damages incurred as a result (paragraph 16 Decision of the Plenum of the Supreme Arbitration Court of Russia dated 24.03.2005 No. 11 "On certain issues related to the application of the land code")

» // Bulletin of the Supreme Court of the Russian Federation. No. 5, 2005). ↩
5. See Article 55.27 (Lease Agreement for Development of Territory for Construction and Operation of a Social Use Rental House, Lease Agreement for Development of Territory for Construction and Operation of a Commercial Use Rental House) ↩
6. Collection of Laws of the Russian Federation. 1998. No. 29. Article 3400. ↩
7. Collection of Laws of the Russian Federation. 1998. No. 29. Article 3400. ↩
8. Collection of Laws of the Russian Federation. 2005. No. 30 (Part II). Article 3127. ↩
9. Collection of Laws of the Russian Federation. 2005. No. 30 (Part II). Article 3127. ↩
10. Decree of the Government of the Russian Federation dated June 6, 2025 No. 846 «On Approval of Rules for Transfer by the Lessee of a Land Plot, Located

in state or municipal property, being a resident of a special economic zone or a managing company of a special economic zone, leasehold rights as collateral» // Collection of Laws of the Russian Federation. 2025. No. 23. Art. 3073. ↩
11. Collection of Laws of the Russian Federation. 2014. No. 48. Art. 6658. ↩
12. Collection of Laws of the Russian Federation. 2007. No. 31. Art. 4006. ↩
13. Order of Rosimushchestvo dated October 28, 2025 № 2138-r «On Approval of the List of Federal Property Free from Third-Party Rights (Except for the Right of Economic Management, the Right of Operational Control, as well as Property Rights of Small and Medium-Sized Enterprises), in Order to Provide Federal Property into Ownership and/or Use on a Long-Term

on the basis of small and medium-sized enterprises (SMEs) and organizations forming the infrastructure supporting SMEs» ↩
14. Government Decree of the Government of the Russian Federation dated 21.08.2010 No. 645 «On Property Support for Small and Medium-Sized Enterprises when Providing Federal Property» // Collection of Laws of the Russian Federation (SZ RF). 2010. No. 35. Article 4577. ↩
15. SZ RF. 2008. No. 30 (Part 1). Article 3615. ↩
16. Government Decree of the Government of the Russian Federation dated 21.08.2010 No. 645 «On

"Property Support for Subjects of Small and Medium-Sized Entrepreneurship When Allocating Federal Property" // Collection of Laws of the Russian Federation. 2010. No. 35. Art. 4577. ↩
17. Government Decree of the Russian Federation dated July 16, 2009 No. 582 "On Basic Principles of Determining Rent When Leasing Land Plots Owned by the State or Municipal Property and on Rules for Determining the Amount of Rent, as Well as Procedure, Conditions, and Deadlines for Paying Rent for [Lands](/enc/9280/ "Definition of the Term 'Lands' in the Legal Encyclopedia), Owned by the Russian Federation" // Collection of Laws of the Russian Federation. 2009. No. 30. Art. 3821. ↩
18. Land plot,

located in municipal ownership and allocated in account of land shares located in municipal ownership, in accordance with the procedures established by this Federal Law, is transferred to an agricultural organization or a peasant (farmer) household using such land plot into ownership or lease without conducting tenders in case if the agricultural organization or [peasant (farmer) household](/enc/2086/ "Definition of the term «Peasant (Farmer) Household» in

of the "juridical encyclopedia") approached the body of local self-government with an application to conclude a sales contract or lease agreement for such land plot within six months from the date of state registration of municipal ownership rights over such land plot. At the same time, the price of such land plot is set at no more than 15 percent of its cadastral value, and rental fee - at a rate of 0.3 percent of its cadastral value (paragraph 5.1 of article 10 of the Federal

law of July 24, 2002 No. 101-FZ «On Circulation of Agricultural Land» // RF SB. 2002. No. 30. Art. 3018). ↩
19. If the established by the competent authority in a normative legal act amount of rent for land plots, the state ownership rights to which are not demarcated, exceeds that specified in principle No. 7 of the Basic Principles of Determining Rent for Land Plots in State and Municipal Ownership, approved by Government Decree of the Russian Federation dated July 16, 2009 No. 582, the [rent](/enc/33251/ "Definition

"the concept of 'payment' in the legal encyclopedia") shall be calculated applying this principle (paragraph 33 of the Summary of Judicial Practice of the Supreme Court of the Russian Federation No. 3 (2019) (approved by the Presidium of the Supreme Court of the Russian Federation on 27.11.2019) // Bulletin of the Supreme Court of the Russian Federation, No. 4, April, 2020). ↩
20. According to [Article 49 of the Russian Civil Code (ZK RF)](https://alexeyborisov.ru/law/zkrf/st49/ "Article 49 of the Russian Civil Code (ZK RF)),

Expropriation of land plots for state or municipal needs is carried out in exceptional cases based on grounds related to: 1) implementation of international agreements of the Russian Federation; 2) construction or reconstruction of the following objects of state significance (objects of federal significance, objects of regional significance) or local significance objects in the absence of other possible alternatives for construction or reconstruction of these objects: federal energy system objects and regional energy system objects; nuclear energy use objects; national defense and security objects

states, including engineering and technical structures, communication lines and communications constructed for the purposes of protecting and guarding the State Border of the Russian Federation; federal transportation facilities, federal-level communication facilities, as well as regional-level transportation facilities, regional-level communication facilities, public railway transport infrastructure facilities; facilities ensuring space activities;

linear objects of federal and regional significance, ensuring activity of subjects of natural monopolies; objects of power supply and gas distribution systems, objects of heating systems, objects of centralized hot water supply, cold water supply and (or) sewage systems of federal, regional or local significance; motor roads of federal, regional or inter-municipal, local significance; 3) by other grounds provided for by federal laws. ↩
21. RF CS. 2002. No. 4. Art. 251. ↩

Lease of Land Plots

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