Emergence of Rights to Land Parcels

General Provisions

Grounds for the Emergence of Rights to Land

According to Article 25 of the Land Code of the Russian Federation, rights to land plots provided for in Chapters III and IV of the Land Code of the Russian Federation arise on grounds established by civil legislation, federal laws, and are subject to state registration in accordance with the Federal Law "On State Registration of Rights to Real Estate and Transactions therewith".

State registration of transactions with land plots is mandatory in cases specified by federal laws.

Land plots nationalized prior to January 1, 1991, in accordance with legislation in force at the time of nationalization are not subject to return, and the cost of such land plots is not subject to compensation or reimbursement.

Documents Confirming Rights to Land Plots

According to Article 26 of the Land Code of the Russian Federation, rights to land plots provided for in Chapters III and IV of the Land Code of the Russian Federation are confirmed by documents in accordance with the Federal Law "On State Registration of Property Rights on Real Estate and Transactions Therein".

2. Leasing agreements for a land plot, subleasing agreements for a land plot, and agreements for gratuitous use of a land plot concluded for a period of less than one year are not subject to state registration, except in cases established by federal laws.

Restrictions on the Circulation of Land Plots

According to Article 27 of the Land Code of the Russian Federation, circulation of land plots is carried out in accordance with civil legislation and this Code.

Land plots designated as land withdrawn from circulation cannot be transferred to private ownership, nor can they be subjects of transactions provided for by civil legislation.

Land plots designated as land restricted in circulation are not transferred to private ownership, except in cases established by federal laws.

The content of restrictions on the circulation of land plots is established by this Code and federal laws.

Land plots withdrawn from circulation are those occupied by the following objects owned by the federal state:

1. state nature reserves and national parks (except for cases provided for by Article 95 of the Land Code of the Russian Federation);

2. buildings and structures where the Russian Federation Armed Forces, other military units, military formations and bodies (except cases established by federal laws) are located for permanent operations;

3. buildings and structures where military courts are located;

4. objects of organizations of the Federal Security Service;

5. objects of organizations of state protection bodies;

6. nuclear energy facilities, storage points for nuclear materials and radioactive substances;

7. objects in accordance with the types of activities of which closed administrative-territorial formations have been established;

8. objects of institutions and bodies of the Federal Penitentiary Service;

9. military and civilian cemeteries;

10. engineering and technical structures, communication lines and facilities constructed in the interests of protecting and guarding the State Border of the Russian Federation.

The following land plots owned by the state or municipal property are restricted in circulation:

• within specially protected natural territories not specified in paragraph 4 of article 27 of the Land Code of the Russian Federation;
• from the land fund of the forest fund;
• within which there are water bodies owned by the state or municipal property;
• occupied by particularly valuable objects of cultural heritage of the peoples of the Russian Federation, objects included in List of world heritage, historical and cultural reserves, archaeological heritage objects, museum-reserves;
• allocated for defense and security, defense industry, customs needs and not specified in paragraph 4 of article 27 of the Land Code of the Russian Federation;
• not specified in paragraph 4 of article 27 of the Land Code of the Russian Federation within the boundaries of closed administrative-territorial formations;
• intended for the construction, reconstruction and (or) operation (hereinafter also referred to as placement) of marine transport objects, inland waterway transport objects, air transport objects, navigation support facilities for air traffic and shipping, infrastructure objects of general use railway transport, as well as federal, regional, inter-municipal or local significance highways;
• occupied by space infrastructure objects;
• located under hydraulic engineering structures;
• allocated for the production of toxic substances, narcotics;
• contaminated with hazardous waste, radioactive substances, subjected to biogenic contamination, other degraded land;
• located within the boundaries of lands reserved for state or municipal needs;
• in the first and second zones of sanitary protection belts of water bodies used for drinking and domestic water supply purposes.

Turnover of agricultural land is regulated by the Federal Law "On the Turnover of Agricultural Land". Formation of land plots from agricultural land is regulated by the Land Code of the Russian Federation and the Federal Law "On the Turnover of Agricultural Land".

Paragraph 6 of Article 27 of the Land Code of the Russian Federation does not apply to land plots provided from agricultural land to citizens for individual housing, garage construction, keeping of personal subsidiary and dacha farms, horticulture, livestock breeding and gardening, as well as to land plots occupied by buildings and structures.

It is prohibited to privatize land plots within the shore zone established in accordance with the Water Code of the Russian Federation, as well as land plots on which ponds, flooded quarries are located, within the boundaries of areas for public use.

Transfer of rights to a land plot upon transfer of ownership of a building, structure

According to Article 35 of the Land Code of the Russian Federation, upon transfer of ownership of a building, structure located on another land plot to another person, the new owner acquires the right to use the corresponding part of the land plot occupied by the building, structure and necessary for their use, under the same conditions and to the same extent as the previous owner.

In the event of transfer of ownership of the building, structure to several owners, the order of use of the land plot is determined taking into account the shares in the ownership of the building, structure or the established order of use of the land plot.

The owner of the building, structure located on a foreign land plot has the right of first refusal to purchase or lease the land plot, which is carried out in accordance with the order established by civil legislation for cases of sale of a share in joint ownership to a third party.

The alienation of buildings, structures located on a land plot and belonging to one person is carried out together with the land plot, except for the following cases:

1. alienation of part of the building, structure which cannot be separated in reality together with a part of the land plot;

2. alienation of buildings, structures located on a land plot withdrawn from circulation in accordance with Article 27 of the Land Code of the Russian Federation;

3. alienation of a structure located on a land plot under the conditions of a servitude.

The alienation of a building or structure located on a land plot restricted in circulation and belonging to one person is carried out together with the land plot, if federal legislation allows such land plot to be transferred into ownership by citizens and legal entities.

Alienation of a land plot without the building or structure located on it is not allowed if they belong to one person.

The alienation by a co-owner of a share in the ownership right to a building, structure, or the alienation by an owner of a part of a building, structure, or room within them is carried out together with the alienation of the share of these persons in the ownership right to the land plot on which the building or structure is located.

Foreign citizens, stateless persons, and foreign legal entities owning buildings and structures located on land plots not belonging to them have the right of first refusal to purchase or lease the land plot in accordance with the procedure established by this article and in compliance with paragraph 2 of Article 5, paragraph 3 of Article 15, and paragraph 1 of Article 22 of the Land Code of the Russian Federation. The President of the Russian Federation may establish a list of types of buildings and structures to which this rule does not apply.