Granting of land plots located in state or municipal ownership

General Provisions

Article 39.1. Grounds for the emergence of rights to land plots, provided from land in state or municipal ownership

1. Land plots in state or municipal ownership are provided on the basis of:

1) a decision by a state authority or local self-government body in the case of providing a land plot free of charge or in perpetual (indefinite) use;

2) a purchase and sale agreement in the case of providing a land plot for purchase;

3. lease agreements in the case of providing a land plot for lease;

4. agreements of use without payment in the case of providing a land plot for use without payment.

2. Sale of land parcels owned by the state or municipal property, where the primary permitted use provided for is construction of buildings and structures, is prohibited, except in cases specified in paragraph 2 of article 39.3 of this Code, as well as in cases of conducting auctions in accordance with the sale of such land parcels under article 39.18 of this Code.

3. The provisions of this chapter apply to relations related to the lease of land plots as part of forest land fund, unless otherwise provided by the Forest Code of the Russian Federation.

Article 39.2. Executive organs of state authority and local self-government bodies, authorized to provide land plots

The provision of land plots belonging to state or municipal ownership is carried out by an executive body of state authority or a local self-government body within their authority in accordance with Articles 9-11 of this Code (hereinafter referred to as authorized body).

Article 39.3. Cases of sale of land plots belonging to state or municipal ownership at auctions and without conducting auctions

1. Sale of land plots owned by the state or municipal property is carried out at auctions, except for cases provided for in paragraph 2 of this article.

2. Sale is conducted without conducting auctions:

1. land plots formed from a land plot provided in lease for comprehensive development of territory, with a person with whom, in accordance with the Urban Planning Code of the Russian Federation, a contract on comprehensive development of territory has been concluded, unless otherwise provided by subparagraphs 2 and 4 of this paragraph;

2. land plots formed from a land plot provided to a non-profit organization established by citizens for comprehensive development of territory for the purposes of individual housing construction (excluding land plots designated as common property), to members of this non-profit organization or, if provided for by a decision of the general meeting of members of this non-profit organization, to this non-profit organization;

3. land plots formed from a land plot provided to a non-commercial organization established by citizens for horticulture, vegetable growing, and dacha farming (excluding land plots designated as common property), to members of this non-commercial organization;

4. land plots formed as a result of dividing a land plot provided to a non-commercial organization established by citizens for comprehensive development of territory for individual housing construction, which belongs to common property, to this non-commercial organization;

5. land plots formed as a result of dividing a land plot provided to a legal entity for conducting dacha farming and belonging to common property, to this legal entity;

6. land plots on which buildings, structures are located, to owners of such buildings, structures or premises within them in cases provided for by Article 39.20 of this Code;

7. land plots that are in permanent (indefinite) use by legal entities, to those legal entities, except for those specified in paragraph 2 of Article 39.9 of this Code;

8. land plots to a peasant (farmer) household or agricultural organization in cases established by the Federal Law "On the Circulation of Agricultural Land";

9. land plots designated for agricultural production and transferred to lease to an individual or a legal entity, to this individual or to this legal entity under three years from the date of conclusion of the lease agreement with this individual or this legal entity or transfer of rights and obligations under the lease agreement for the land plot to this individual or to this legal entity provided that such land plot is used properly in case if this individual or this

legal entity application for conclusion of a sale and purchase agreement for such land plot without conducting auctions submitted before the day of expiration of the term of the specified lease agreement for the land plot;

10. land plots for citizens for individual housing construction, keeping personal subsidiary households within the boundaries of a populated area, gardening, dacha (summer cottage) activities, and for peasant (farmer) households to carry out their activities in accordance with Article 39.18 of this Code;

11. land plots to citizens in accordance with the Federal Law "On the Specifics of Providing Land Plots Located in State or Municipal Ownership and Situated on the Territories of Subjects of the Russian Federation That Are Part of the Far Eastern Federal District and on Making Amendments to Certain Legislative Acts of the Russian Federation".

3. If the only application for participation in the auction for the sale of a land plot owned by the state or municipality has been submitted by a person who meets the requirements for participants specified in the notice of the auction and whose application for participation in the auction complies with the conditions of the auction stated in the notice of the auction, or if only one [applicant](/enc/31769/ "Definition of the term «Applicant» in

"legal encyclopedia") is recognized as the sole participant of the auction or only one of its [participant](/enc/31807/ "Definition of the term 'Participant' in the legal encyclopedia) took part in the auction, [sale](/enc/31744/ "Definition of the term 'Sale' in the legal encyclopedia) of such land plot is carried out to the specified person.

Article 39.4. Price of sale of a land plot in state or municipal ownership

1. When concluding a sales contract for a land plot owned by the state or municipality, the price of such a land plot at an auction for its sale is determined based on the results of the auction, or in the amount of the starting price of the auction item when concluding the contract with the person who submitted the sole application to participate in the auction, with the applicant recognized as the sole participant of the auction, or with the sole participant who took part in the auction.

2. Upon conclusion of a sales contract for a land plot that is in state or municipal ownership without conducting auctions, the price of such a land plot, unless otherwise provided by federal laws, is determined in accordance with the procedure established:

1. By the Government of the Russian Federation, with respect to land plots that are in federal ownership;

2. a body of state authority of a subject of the Russian Federation, in relation to land plots owned by the subject of the Russian Federation, and land plots state ownership which have not been demarcated;

3. a local self-government body, in relation to land plots owned by municipal property.

3. When concluding a sales contract for a land plot owned by the state or municipal property, without conducting auctions, the price of such a land plot cannot exceed its cadastral value or another amount of the land plot's price established by federal law.

4. Foreign citizens, stateless persons, and foreign legal entities are provided with land plots belonging to the state or municipal property in ownership exclusively for a fee, the size of which is determined in accordance with this Code.

Article 39.5. Cases of provision of a land plot, which is in state or municipal ownership, to a citizen or legal entity free of charge

The provision of a land plot, which is in state or municipal ownership, to a citizen or legal entity free of charge based on the decision of an authorized body is carried out in cases where:

1) land plot formed within the boundaries of a built-up area in relation to which a contract on its development has been concluded, to the person with whom this contract has been concluded;

2) land plot owned by a religious organization owning buildings or structures of religious or charitable purpose located on such land plot;

3. land plot formed as a result of dividing a land plot provided to a non-profit organization established by citizens for horticulture and gardening, which belongs to common property, to this non-profit organization or in cases provided by federal law, into the common ownership of members of this non-profit organization;

4. the land plot to the citizen after five years have passed since the provision of the land plot for free use in accordance with paragraph 6 of point 2 of Article 39.10 of this Code provided that this citizen used such a land plot during the specified period in accordance with the established permitted use;

5. the land plot to a citizen after five years from the date of providing the land plot to the citizen for use without charge in accordance with subparagraph 7 of paragraph 2 of Article 39.10 of this Code, provided that this citizen used such a land plot during the specified period in accordance with the established permitted use and worked at their primary place of employment in the municipal unit and in the specialty defined by the law of the subject of the Russian Federation;

6. land plots to citizens who have three or more children, in cases and order established by state authorities of the subjects of the Russian Federation. State authorities of the subjects of the Russian Federation may provide for requirement that such citizens must be registered as needing housing or have grounds for their registration on this list, as well as establish the possibility of providing such land plots to these citizens with their consent

other measures of social support aimed at providing housing in exchange for the free provision of a land plot in ownership;

7. of the land plot to other specific categories of citizens and (or) non-commercial organizations established by citizens, in cases provided for by federal laws, to certain categories of citizens in cases provided for by the laws of the subjects of the Russian Federation;

8. of the land plot allocated to a religious organization on the right of permanent (indefinite) use and intended for agricultural production, to this organization in cases provided for by the laws of the subjects of the Russian Federation;

9. land plot to a citizen in accordance with the Federal Law "On the Specifics of Providing Land Plots to Citizens Located in State or Municipal Ownership and Situated on the Territories of Subjects of the Russian Federation Belonging to the Far Eastern Federal District and on Amendments to Certain Legislative Acts of the Russian Federation".

Article 39.6. Cases of Providing Land Plots in State or Municipal Ownership for Rent at Auctions and Without Conducting Auctions

1. A lease agreement for a land plot owned by the state or municipal property is concluded through tenders conducted in the form of an auction, except in cases provided for in paragraph 2 of this article.

2. A lease agreement for a land plot owned by the state or municipal property is concluded without conducting tenders in the case of providing:

1. of the land plot to legal entities in accordance with the decree or order of the President of the Russian Federation;

2. of the land plot to legal entities in accordance with the order of the Government of the Russian Federation for the establishment of objects of social and cultural purpose, implementation of large-scale investment projects provided that the aforementioned objects and investment projects meet the criteria established by the Government of the Russian Federation;

3. allocation of land plots to legal entities in accordance with the order of a high-ranking official of a subject of the Russian Federation for placing objects of social and cultural as well as communal and household purposes, implementation of large-scale investment projects provided that the aforementioned objects and investment projects meet criteria established by laws of subjects of the Russian Federation;

4. land plots for fulfilling international obligations of the Russian Federation, as well as legal entities for placing objects intended for the provision of electricity, heat, gas, and water supply, sewage, communication, oil pipelines, and objects of federal, regional, or local significance;

5. land plot formed from a land plot owned by the state or municipality, including those provided for comprehensive development of the territory, to the person with whom a lease agreement for such land plot was concluded, unless otherwise provided for by subpoints 6 and 8 of this paragraph;

6. land plot formed from a land plot provided to a non-commercial organization established by citizens for comprehensive development of territory in the interests of individual housing construction, excluding land plots designated as property for public use, members of this non-commercial organization or, if provided for by the decision of the general meeting of members of this non-commercial organization, this non-commercial organization;

7. land plot formed from a land plot allocated to a non-commercial organization established by citizens for gardening, vegetable growing, or dacha farming, excluding land plots designated as public property, to members of this non-commercial organization;

8. land plot formed as a result of division of a restricted-in-circulation land plot provided to a non-commercial organization established by citizens for horticulture, vegetable growing, dacha farming, or comprehensive development of territory for purposes of individual housing construction and classified as common property, of this non-commercial organization;

9. land plot on which buildings, structures are located, to owners of buildings, structures, rooms within them and (or) persons to whom these real estate objects have been granted on the right of economic management or in cases provided for by Article 39.20 of this Code, on the right of operational control;

10. land plot on which unfinished construction objects are located, once for completing their construction to the owners of unfinished construction objects in cases provided by paragraph 5 of this article;

11. land plot being in perpetual (indefinite) use by legal entities, to these land users, except for legal entities specified in paragraph 2 of article 39.9 of this Code;

12. land plot to a peasant (farmer) household or agricultural organization in cases established by the Federal Law "On Circulation of Agricultural Lands";

13. land plot formed within the boundaries of the built-up territory, to a person with whom a contract on development of the built-up territory has been concluded;

13.1) land plot for territory development for purposes of construction of economy-class housing or for comprehensive territory development for purposes of construction of economy-class housing, to a legal entity that has entered into a contract on territory development for purposes of construction of economy-class housing or a contract on comprehensive territory development for purposes of construction of economy-class housing;

14. land plots to citizens who have the right to priority or out-of-turn acquisition of land plots in accordance with federal laws and laws of the subjects of the Russian Federation;

15. land plots to citizens for individual housing construction, personal subsidiary farming within the boundaries of a populated area, gardening, dacha (summer cottage) household, as well as to citizens and peasant (farmer) households for the conduct of activities by peasant (farmer) households in accordance with Article 39.18 of this Code;

16. a land plot in exchange for a land plot provided to an individual or legal entity under a lease agreement and being expropriated for state or municipal purposes;

17. a land plot to religious organizations, Cossack societies registered in the state registry of Cossack societies of the Russian Federation (hereinafter - Cossack societies), for engaging in agricultural production, preserving and developing the traditional way of life and economic activities of Cossack societies on territory determined in accordance with the laws of the subjects of the Russian Federation;

18. land plot to a person who, in accordance with this Code, has the right to acquire ownership of a land plot located in state or municipal ownership, without conducting auctions, including free of charge, if such land plot is reserved for state or municipal purposes or restricted in circulation;

19. land plot to a citizen for mowing grass for hay, grazing of agricultural livestock, vegetable gardening or a land plot located outside the boundaries of a populated area, to a citizen for maintaining a personal subsidiary farm;

20. land plot necessary for carrying out works related to the use of subsoil resources, to a subsoil user;

21. land plot located within the boundaries of a special economic zone or on adjacent territory, to a resident of the special economic zone or to the managing company, in the event of its involvement in accordance with the legislation of the Russian Federation on special economic zones, for the purpose of creating funds from the federal budget, the budget of a subject of the Russian Federation, the local budget, non-budgetary funding sources for real estate objects within the boundaries of the special economic zone and on adjacent territory, and for managing these and

previously created real property;

22. land plots located within the boundaries of a special economic zone or on adjacent territory, for the construction of infrastructure facilities of this zone by a person with whom a federal executive body authorized by the Government of the Russian Federation has concluded an agreement on cooperation in the field of developing infrastructure of a special economic zone. The sample form of the agreement on cooperation in the field of developing infrastructure of a special economic zone is approved by the federal executive body authorized by the Government of the Russian Federation

executive authority;

(23) land plot necessary for the implementation of activities provided for by the concession agreement, agreement on public-private partnership, agreement on municipal-private partnership, to the person with whom the aforementioned agreements have been concluded;

23.1) land plot for the development of territory for the purpose of construction and operation of a commercial rental house or for the development of territory for the purpose of construction and operation of a social rental house to a person who has concluded an agreement on the use of territory for the purpose of construction and operation of a commercial rental house or an agreement on the use of territory for the purpose of construction and operation of a social rental house, and in cases provided for by the law of a subject of the Russian Federation, non-profit organizations established by a subject of the Russian Federation or municipal

establishment for the development of territories in order to construct and operate social rental housing;

24. land plot necessary for carrying out types of activities in the field of hunting management, to a person with whom a hunting management agreement;

25. land plot for placing reservoirs and (or) hydraulic engineering structures, if the placement of these objects is provided for by territorial planning documents as objects of federal, regional or local significance;

26. land plot for carrying out activities of the State Corporation "Russian Roads" within the boundaries of road corridors and roadside areas of highways;

27. land plot for carrying out activities of the open joint-stock company "Russian Railways" for placing infrastructure objects of general-use railway transport;

28. land plot to a resident of the territorial development zone, included in the registry of residents of the territorial development zone, within the boundaries of the specified zone for implementing an investment project in accordance with the investment declaration;

29. land plot to a person possessing the right to harvest (catch) aquatic biological resources on the basis of a decision on their allocation for use, an agreement on the allocation of a fishing area, or an agreement on the use of aquatic biological resources, for carrying out activities provided for by the aforementioned decisions or agreements;

(30) land plot to a legal entity for the placement of nuclear facilities, radiation sources, storage points for nuclear materials and radioactive substances, storage facilities for radioactive waste, and disposal sites for radioactive waste, the decisions on the construction and location of which have been adopted by the Government of the Russian Federation;

31. of the land plot designated for agricultural production, to the lessee who has properly used such land plot, provided that the application for conclusion of a new lease agreement for such land plot has been submitted by this lessee before the day of expiry of the term of the previously concluded lease agreement for such land plot;

32. the land plot to the lessee (excluding lessees of land plots specified in subpoint 31 of this paragraph), if this lessee has the right to conclude a new lease agreement for such land plot in accordance with paragraphs 3 and 4 of this article;

33. the land plot to the resident of the Vladivostok Free Port within the territory of the Vladivostok Free Port;

34. land plot to a citizen in accordance with the Federal Law "On the Specifics of Providing Land Plots to Citizens Located in State or Municipal Ownership and Situated on the Territories of Subjects of the Russian Federation Belonging to the Far Eastern Federal District and on Making Amendments to Certain Legislative Acts of the Russian Federation".

3. Citizens and legal persons, who are lessees of land plots owned by the state or municipal property, have the right to conclude a new lease agreement for such land plots without conducting auctions in the following cases:

1. the land plot was provided to a citizen or a legal person for lease without conducting auctions (excluding cases stipulated in paragraphs 13, 14, or 20 of Article 39.12 of this Code);

2. The land plot has been provided to a citizen through an auction for horticulture or dacha farming.

4. Citizen or legal entity, who are lessees of the land plot, have the right to conclude a new lease agreement for such land plot in the cases specified in paragraph 3 of this article provided that the following conditions are met collectively:

1. statement regarding the conclusion of a new lease agreement for such land plot submitted by this citizen or this legal entity before the day of expiration of the term of the previously concluded lease agreement for the land plot;

2. no other person possesses an exclusive right to acquire such land plot in cases provided for by this Code, other federal laws.

3. a lease agreement for such land plot previously concluded by this citizen or this legal entity has not been terminated on the grounds provided for in paragraphs 1 and 2 of article 46 of this Code;

4. at the time of concluding a new lease agreement for such land plot, there are grounds provided for in subpoints 1 - 30 of paragraph 2 of this article for providing land without conducting auctions, where the lease agreement was concluded without conducting auctions.

5. The provision of a land plot located in state or municipal ownership, on which an unfinished construction project, is carried out once for the purpose of completing the construction of this object:

1. the owner of an unfinished construction object, the right of ownership of which was acquired as a result of public tenders for the sale of this object, seized from the previous owner due to termination of the lease agreement for a land plot in state or municipal ownership;

2. the owner of an unfinished construction object, except for that specified in paragraph 1 of this subsection, in the event that the authorized body has not filed a claim with the court within six months from the date of expiration of the previously concluded land lease agreement on which this object is located, for expropriation of this object through sale at public auction, or the court has denied satisfaction of this claim,

this object was not sold at public auctions due to the absence of participants in the auction. The provision of a land plot for lease without an auction in accordance with this subparagraph is permissible provided that such a land plot has not been allocated for the completion of construction of this object by any of the previous owners of this object.

6. If the only application for participation in the auction for the right to conclude a lease agreement on a land plot owned by the state or municipality has been submitted by a person who meets the requirements for participants specified in the notice of the auction and whose application for participation in the auction complies with the conditions of the auction set out in the notice of the auction, or if only one applicant is recognized

the sole participant of the auction or only one of its participant, the lease agreement for such a land plot is concluded with the specified person.

Article 39.7. Size of rent for a land plot in state or municipal ownership

1. The size of rent for a land plot in state or municipal ownership is determined in accordance with the basic principles of rent determination established by the Government of the Russian Federation.

2. In the case of concluding a lease agreement for a land plot that is in state or municipal ownership, at an auction for the right to conclude a lease agreement for the land plot, the amount of annual rental fee or the amount of the first lease payment for the land plot is determined based on the results of this auction.

In the case of concluding a lease agreement for a land plot with a person who submitted the sole application for participation in an auction for the right to conclude a lease agreement for a land plot located in state or municipal ownership, with the applicant recognized as the sole participant in the auction, or with the sole participant in the auction, the amount of annual rent 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.

3. If otherwise not provided by this Code or other federal laws, the procedure for determining the amount of rent for land plots in state or municipal ownership and leased without auctions is established:

1. By the Government of the Russian Federation with respect to land plots in federal ownership;

2. by the state authority of a subject of the Russian Federation in relation to land plots owned by the subject of the Russian Federation, and land plots state ownership on which demarcation has not been carried out;

3. by the local self-government body in relation to land plots owned by municipal property.

4. The amount of rent for land plots owned by the state or municipal property and allocated for placement of objects provided for in subparagraph 2 of Article 49 of this Code, as well as for conducting works related to use of subsoil resources, shall not exceed the amount of rent calculated for corresponding purposes in relation to land plots owned by federal property.

5. The amount of rent for a land plot owned by the state or municipality shall not exceed the amount of the land tax calculated in respect of such land plot, in the case of concluding a lease agreement for the land plot:

1. with a person who, in accordance with this Code, has the right to be granted free ownership of a land plot owned by the state or municipality without conducting auctions or tenders, if such land plot is reserved for state or municipal needs or restricted in circulation;

2. with a person with whom a contract for the development of an already built-up area has been concluded, if the land plot is formed within the boundaries of an already built-up area subject to development and allocated to this person;

2.1) with a party that has concluded an agreement on the development of the territory for the purposes of construction and operation of a rental house for commercial use or an agreement on the development of the territory for the purposes of construction and operation of a rental house for social use, in relation to the land plot provided to this party for the development of the territory for the purposes of construction and operation of a rental house for commercial use or for the development of the territory for the purposes of construction and operation of a rental house for social use, and in cases envisaged by the law of the subject of the Russian Federation, with a non-commercial organization established by the subject

of the Russian Federation or a municipal entity for the development of territories for the purpose of constructing and operating social rental housing, in relation to the land plot provided to this organization for the development of territory for the purpose of constructing and operating a social rental housing unit;

3. 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;

4. in accordance with paragraph 3 or 4 of Article 39.20 of this Code, with persons to whom buildings buildings, structures structures, premises premises located on an indivisible land plot belong under the right of operational management;

5. with a legal entity that has entered into an agreement on land development for the purpose of constructing low-cost housing or a comprehensive land development agreement for the purpose of constructing low-cost housing, regarding land plots provided to such legal entity in accordance with the agreement on land development for the purpose of constructing low-cost housing or the comprehensive land development agreement for the purpose of constructing low-cost housing;

6. with a legal entity that has concluded an agreement on comprehensive development of territory for the purpose of constructing low-cost housing, in relation to land plots formed from the land plot provided for comprehensive development of territory for the purpose of constructing low-cost housing to such legal entity in accordance with this agreement.

Article 39.8. Features of a lease agreement for a land plot owned by the state or municipal property

1. The conditions of a lease agreement for a land plot owned by the state or municipal property are determined by civil legislation, this Code, and other federal laws.

2. A lease agreement for a land plot owned by the state or municipal property and provided for works related to the use of subsoil must include provisions for conducting reclamation work on such a land plot.

3. Requirements for the reclamation of land and land plots are established in accordance with procedures determined by the Government of the Russian Federation.

4. The lease agreement for land located in the shore zone of a public water body and owned by the state or municipality is concluded subject to ensuring free access for citizens to the public water body and its shore zone.

5. A lease agreement for a land plot owned by the state or municipality, concluded with a legal entity for the purpose of conducting a gardening business, must include an obligation of the aforementioned legal entity to ensure preparation of a planning project and a land surveying project for such land plot, as well as conduct cadastral works necessary for the formation of land plots in accordance with the approved land surveying project.

6. In the event that a legal entity is provided with a land plot in state or municipal ownership for comprehensive development of the territory, the aforementioned legal entity must enter into an agreement on comprehensive development of the territory simultaneously with the conclusion of a lease agreement for such land plot.

7. A lease agreement for a land plot formed from a land plot allocated for comprehensive development of territory, except in the case of allocating a land plot to a non-commercial organization established by citizens for comprehensive development of territory in the interests of individual housing construction, must stipulate obligation of the parties to such lease agreement to ensure implementation of activities for territory development (including [construction](/enc/13924/ "Definition of the term 'Construction' in the legal

...and the putting into operation of capital construction objects) in accordance with schedules contained in the agreement on comprehensive development of the territory, regarding each provided activity with indication of the start and end dates for performing the corresponding works, as well as liability of the parties for non-fulfillment of the specified obligation and the right of the parties to unilaterally terminate this lease agreement in case of non-fulfillment of the specified obligation.

8. A lease agreement for a land plot owned by the state or municipality is concluded:

1. for a term of three to ten years in cases where the land plot is provided for construction, reconstruction of buildings or structures, except for cases specified in subpoints 2 and 3 of this point and paragraph 9 of this article;

2. for a term up to forty-nine years for placement of linear objects;

3. for a term of twenty years in cases where a citizen is provided with a land plot for individual housing construction or a land plot within the boundaries of a populated area for personal subsidiary farming.

4. for a term of three to five years in the case of providing a land plot to a legal entity for comprehensive development of the territory or conducting a dacha (summer cottage) household;

5. for a term not exceeding the duration of the lease agreement of the original land plot, in the case of leasing a land plot formed from the original land plot, except in cases where the land plot is provided to a legal entity for comprehensive development of the territory or conducting a dacha (summer cottage) household;

6. for a period of up to three years in the case of providing a land plot on which an unfinished construction project is located, for the purpose of completing the construction of this object, or for the period specified in paragraph 9 of this article, in the case where ownership of the unfinished construction project has been acquired as a result of public auctions for the sale of this object, which was seized from the owner in connection with termination of the land lease agreement

a land plot, located in state or municipal ownership;

7. for the duration of the hunting management agreement in the event of granting a land plot to a party with whom a hunting management agreement;

8. for the duration of the concession agreement, public-private partnership agreement, municipal-private partnership agreement in the event of granting a land plot to a party with whom the aforementioned agreements have been concluded;

8.1) for the duration of the agreement on the development of the territory for the purposes of constructing and operating a commercial rental house or the agreement on the development of the territory for the purposes of constructing and operating a social rental house in the case of granting a land plot to a person with whom such an agreement has been concluded;

8.2) for the term determined by the law of the subject of the Russian Federation, in the case of granting a land plot to a non-commercial organization established by the subject of the Russian Federation or a municipal formation for the development of territories for the purposes of constructing and operating social rental houses;

9. for a period not exceeding the remaining term of the lease agreement for the land plot, which was terminated prematurely due to expropriation of such land plot for state or municipal needs, but not less than three years in the case where a land plot is provided to the person in exchange for the land plot whose lease rights were terminated as a result of its expropriation;

10. for a period exceeding by no more than two years the term of the license for the use of minerals, in the case where a land plot is provided for conducting works related to mineral exploitation;

11. for a term of three to forty-nine years in the case of granting a land plot for agricultural production, except for cases provided in subpoint 12 of this paragraph;

12. for a term not exceeding three years in the case of granting a land plot to an individual for mowing grass, grazing of agricultural livestock, or gardening;

13. for a term not exceeding the reservation period of the land plot for state or municipal needs, in the case where the land plot has been reserved for state or municipal needs;

14. for the duration of implementation of the investment project in accordance with the investment declaration of the resident of the territorial development zone included in the registry of residents of this zone, in the case where the land plot is located within the boundaries of the territorial development zone;

15. for the term of validity of the decision on granting aquatic biological resources for use, the agreement on allocation of a fishing area or the agreement on use of aquatic biological resources in the case of providing a land plot to an individual for activities specified in the aforementioned decision or agreements;

16. for a term within the minimum and (or) maximum lease term of the land plot in cases where the federal law establishes a minimum and (or) maximum lease term of the land plot;

17. for a term up to forty-nine years in the case of providing the land plot for lease to the owner of the building or structure located on such land plot, or rooms within them, as well as in other cases not provided for by this paragraph;

18. for the term of implementation by the resident of the Free Port of Vladivostok of an agreement on the conduct of activities concluded in accordance with the Federal Law "On the Free Port of Vladivostok".

9. In the event of providing a land plot, in accordance with the primary permitted use of which construction of buildings and structures is provided, for lease at an auction for the right to conclude a lease agreement for a land plot owned by the state or municipal property (excluding cases of auctions conducted in accordance with Article 39.18 of this Code), the lease agreement for a land plot owned by the state or municipal property is concluded for a term exceeding twice the term [established](/enc/32122/

"Definition of the term 'established' in the legal encyclopedia") authorized by the Government of the Russian Federation federal executive body as a period necessary for carrying out engineering surveys, performing architectural and construction design, and building structures. At the same time, if the basic types of permitted land use provide for construction of several buildings or structures, a lease agreement for such a land plot is concluded based on the longest period,"

established for such buildings, structures in accordance with the provisions of this paragraph.

10. Lease agreements for land plots formed from a land plot provided to a legal entity in lease for comprehensive territory development or dacha farming are concluded for a term within the limits of the minimum and (or) maximum lease term of the land plot in accordance with paragraph 8 of this article.

11. A lease agreement for a land plot owned by the state or municipality is concluded with the auction winner, or with the person who has submitted the sole application for participation in the auction on the right to conclude a lease agreement for the land plot, with the applicant recognized as the sole participant of the auction, with the sole participant who took part in the auction, under the terms specified in the notice of conducting this auction.

12. When concluding a lease agreement for a land plot owned by the state or municipality, without conducting auctions (except in cases of concluding a lease agreement with a person who has submitted the sole application for participation in an auction on the right to conclude a lease agreement for a land plot, with an applicant recognized as the sole participant of the auction, or with the sole participant of the auction), the term of this agreement is determined at the lessee's discretion, taking into account the restrictions provided for in paragraph 8 of this Article.

13. In the event that a land plot, owned by the state or municipality, is entirely or partially located within a protected area established in relation to a linear object, the lease agreement for such land must include provisions allowing representatives of the owner of the linear object or representatives of the organization responsible for its operation to access the land plot for the purpose of ensuring its safety.

14. In a lease agreement for a land plot owned by the state or municipal property, requirements for the performance of any work or provision of services entailing additional expenses for the lessee not related to the subject matter of this agreement may not be established, unless otherwise provided by federal law.

15. Lessee of a land plot owned by the state or municipality does not have the preferential right to enter into a new term of the lease agreement for such land plot without conducting auctions.

16. In the event that a land plot located in state or municipal ownership and reserved for state or municipal purposes is provided under lease, the lease agreement for such a land plot must provide for the possibility of early termination of this agreement at the request of the lessor after one year from notifying the lessee of such a land plot about the termination of this agreement.

17. Amendments to the lease agreement for a land plot located in state or municipal ownership, concluded as a result of an auction or in the case of the auction being declared unsuccessful with persons listed in paragraph 13, 14, or 20 of article 39.12 of this Code, regarding changes to the permitted uses of such land plot are not allowed.

Article 39.9. Granting a land plot located in state or municipal ownership for permanent (indefinite) use

1. Granting a land plot, which is owned by the state or municipal property, for perpetual (indefinite) use is carried out on the basis of a decision by an authorized body.

2. Land plots, which are owned by the state or municipal property, may be granted for perpetual (indefinite) use exclusively to:

1. governmental authorities and local self-government bodies;

2. state and municipal institutions (budgetary, extrabudgetary, autonomous);

3. extrabudgetary enterprises;

4. historical heritage centers of Presidents of the Russian Federation who have ceased performing their duties.

3. The decision on granting a land plot for perpetual (indefinite) use shall specify the cadastral number of the land plot, as well as:

1. the name of the organization, state registration number of the entry on state registration of a legal entity in the Unified State Register of Legal Entities in the case of granting a land plot to a legal entity;

2. name of the local self-government body in the case of granting it a land plot;

3. name of the state authority in the case of granting it a land plot.

4. The provision of land plots belonging to state or municipal ownership to the persons specified in this article is not allowed under other rights, except for the right of permanent (indefinite) use, unless otherwise provided by paragraphs 39.10 and 39.20 of this Code.

Article 39.10. Granting of a land plot belonging to state or municipal ownership for free use

1. A gratuitous use agreement of a land plot is concluded by a citizen and a legal entity with an authorized body, and in the case provided for in subitem 2 of item 2 of this article, with an organization to which a land plot located in state or municipal ownership has been granted for permanent (indefinite) use.

2. Land plots located in state or municipal ownership may be granted for gratuitous use:

1. by persons specified in item 2 of article 39.9 of this Code, for a term up to one year;

2. in the form of service land plots to employees of organizations in cases provided by paragraph 2 of Article 24 of this Code, for the duration of the labor contract concluded between the employee and the organization;

3. to religious organizations for the placement of buildings and structures of religious or charitable purpose on a term not exceeding ten years;

4. to religious organizations, if such land plots are occupied by buildings and structures owned by them on the right of gratuitous use, until termination of rights to the aforementioned buildings and structures;

5. persons with whom civil law contracts for the construction or reconstruction of real estate objects, carried out entirely at the expense of federal budget funds, have been concluded in accordance with the Federal Law No. 44-FZ of April 5, 2013 "On Contract System in the Field of Procurement of Goods, Works, Services for State and Municipal Needs" (hereinafter - Federal Law "On Contract System in the Field of Procurement of Goods, Works, Services for State and Municipal Needs")

funds of the budget of a subject of the Russian Federation or local budget funds, for the term of performance of these contracts;

6. to a citizen for individual housing construction, keeping a personal subsidiary farm, or carrying out activities of a peasant (farmer) household in municipal formations determined by the law of a subject of the Russian Federation, for a period not exceeding six years;

7. for individual residential construction or personal subsidiary farming in municipal formations determined by the law of the subject of the Russian Federation, citizens who work at their primary place of employment in such municipal formations in specialties established by the law of the subject of the Russian Federation, for a period not exceeding six years;

8. a citizen, if a service residential premises in the form of a residential house, provided to this citizen, is located on the land plot, for the duration of the right to use such residential premises;

9. citizens for the purpose of carrying out agricultural activities (including beekeeping) for their own needs on forested land for a period not exceeding five years;

10. citizens and legal entities for agricultural, hunting, forestry, and other uses not involving the construction of buildings or structures, if such land plots are included in the approved list of land plots provided for defense and security needs and temporarily not used for these purposes, in accordance with the procedures established by the Government of the Russian Federation [/enc/3420/ "Definition of the term 'List' in the legal encyclopedia"], for a period not exceeding five years;

11. non-profit organizations established by citizens for gardening or horticulture for a period not exceeding five years;

12. non-commercial organizations established by citizens for the purposes of housing construction in cases and for the duration specified by federal laws;

13. persons belonging to the indigenous small-numbered peoples of the North, Siberia, and the Far East of the Russian Federation, and their communities in places of traditional residence and traditional economic activities for the placement of buildings and structures necessary for the preservation and development of traditional ways of life, economic activities, and crafts of the indigenous small-numbered peoples of the North, Siberia, and the Far East of the Russian Federation, for a period not exceeding ten years;

14. persons with whom state contracts for performing works, provision of services to ensure national defense and state security, fully carried out at the expense of funds, have been concluded in accordance with the Federal Law No. 275-FZ of December 29, 2012, "On State Defense Orders," and the Federal Law "On the Contract System in the Field of Procurement of Goods, Works, and Services for the Needs of the State and Municipalities"

of the federal budget, if the provision of a land plot is necessary for the execution of these works and the provision of these services for the duration of the execution of the specified contract;

15. non-profit organizations provided for by the law of a subject of the Russian Federation and established by a subject of the Russian Federation for housing construction purposes, in order to provide residential premises to certain categories of citizens defined by federal law, Presidential Decree of the Russian Federation, normative legal act of the Government of the Russian Federation, or law of a subject of the Russian Federation, for the purpose of constructing these residential premises during the period of carrying out this construction;

16. A person whose right of gratuitous use of a land plot located in state or municipal ownership has been terminated in connection with the expropriation of the land plot for state or municipal needs, in exchange for the expropriated land plot for a period established by this paragraph depending on the grounds for the emergence of the right of gratuitous use of the expropriated land plot;

17. a person entitled to conclude a contract of gratuitous use of a land plot, in the cases and order provided for by Federal Law No. 161-FZ of July 24, 2008, "On Providing Support for Housing Construction";

18. a citizen in accordance with Federal Law "On the Specifics of Providing Citizens with Land Plots Owned by the State or Municipal Authorities and Located on the Territories of Subjects of the Russian Federation That Are Part of the Far Eastern Federal District, and on Making Amendments to Certain Legislative Acts of the Russian Federation".

3. The term of gratuitous use of a land plot owned by the state or municipal ownership is established upon application by an interested party seeking to obtain the land plot, taking into account the limitations provided in paragraph 2 of this article.

4. A gratuitous use agreement of land for horticulture concluded with a non-commercial organization established by citizens must provide for the obligation of this non-commercial organization to ensure preparation, regarding the relevant land plot, of a territorial planning project and a cadastral survey project, as well as conduct cadastral works necessary for forming land plots in accordance with an approved cadastral survey project.

5. A contract of gratuitous use of a land plot for gardening, concluded with a non-commercial organization established by citizens, must provide for the obligation of this non-commercial organization to ensure the preparation of a cadastral project for the relevant land plot, as well as to carry out cadastral works necessary for the creation of land plots in accordance with the approved cadastral project.

Article 39.11. Preparation and organization of an auction for the sale of a land plot owned by the state or municipality, or an auction for the right to conclude a lease agreement for a land plot owned by the state or municipality

1. The decision to conduct an auction for the sale of a land plot owned by the state or municipality, an auction for the right to conclude a lease agreement for a land plot owned by the state or municipality (hereinafter also referred to as an auction), is adopted by the authorized body, including upon applications from citizens or legal entities.

2. It shall be prohibited to combine two or more land plots owned by the state or municipality into one auction lot, unless otherwise provided by federal law.

3. Formation of a land plot for its sale or lease through conducting an auction at the initiative of a state authority or local self-government body and preparation for conducting the auction are carried out in the following order:

1) preparation and approval by the authorized body of the scheme for the location of the land plot in the case where such a land plot is to be formed and there is no approved project of cadastral survey of the territory;

2. ensuring by the authorized body the performance in relation to the land plot, formation of which is provided for in the cadastral plan of the territory or the layout scheme of the land plot, in accordance with the requirements established by the Federal Law of July 24, 2007 No. 221-FZ "On the State Cadastre of Real Estate" (hereinafter - the Federal Law "On the State Cadastre of Real Estate"), works resulting in the [preparation](/enc/32769/ "Definition of the term 'Preparation' in the legal

"encyclopedias") documents containing the necessary information for carrying out state cadastral registration [/enc/32153/ "Definition of the term 'information' in the legal encyclopedia"] about such a land plot (hereinafter - cadastral works);

3. carrying out on the basis of an application from the authorized body state cadastral registration of the land plot, as well as state registration of rights thereto, except in cases of formation of a land plot from lands or a land plot state ownership on which demarcation has not been carried out;

4. obtaining technical conditions for connection (technological attachment) of objects to engineering and technical infrastructure networks, except in cases where, in accordance with the permitted use of the land plot, construction of buildings and structures is not provided for, as well as in cases of conducting an auction for the right to conclude a lease agreement for a land plot for comprehensive development of territory or dacha farming;

5. adoption by the authorized body of a decision to conduct an auction.

4. Conducting an auction, as well as formation of a land plot for its sale or lease through an auction may be carried out at the initiative of citizens or legal entities interested in the provision of a land plot. In this case, formation of the land plot and preparation of the auction are carried out in the following order:

1. preparation by a citizen or legal entity interested in obtaining a land plot of the layout scheme of the land plot, if the land plot is intended to be formed and the project of territorial survey within whose boundaries the formation of the land plot is planned has not been approved.

Preparation by an interested citizen or legal entity of a layout scheme for a land plot is prohibited in cases where the land plot is formed from lands or land plots located within the boundaries of the subjects of the Russian Federation - federal cities of Moscow, St. Petersburg, Sevastopol, or within the boundaries of populated areas;

2. application by interested citizens or legal entities to the authorized authority with a statement requesting approval of the layout scheme of the land plot, if the land plot is to be formed and the cadastral project for the territory within which the formation of the land plot is planned has not been approved. In this statement, the intended use of the land plot is specified;

3. verification by the authorized body of the presence or absence of grounds provided in paragraph 16 of Article 11.10 of this Code and subpoints 5 - 9, 13 - 19 of paragraph 8 of this article, adoption and submission to the applicant within a period not exceeding two months from the date [submission](/enc/33278/ "Definition of the term «Submission» in the legal encyclopedia) of the application for approval of the land plot layout scheme of the decision on its approval together with this scheme or the decision on refusal to approve it if at least one of the specified grounds is present. The decision on refusal to approve the land plot layout scheme must specify all grounds for adoption

such a decision.

In the event that at the time of submission to the authorized body of the application for approval of the land plot layout scheme, a previously submitted land plot layout scheme by another party is under consideration by that body, and the location of land plots, whose formation is provided for by these schemes, partially or fully overlaps, the authorized body takes a decision to suspend

The consideration of a later submitted application for approval of the scheme for the location of a land plot is suspended until a decision is made on the approval of the previously submitted scheme for the location of a land plot, or until a decision is made to refuse approval of the previously submitted scheme for the location of a land plot;

4. ensuring that the interested party performs cadastral works for the purpose of creating a land plot in accordance with an approved land surveying project for the territory or with the scheme for the location of a land plot approved in accordance with subparagraph 3 of this paragraph;

5. carrying out on the basis of an application by a citizen or legal entity interested in the provision of a land plot the state cadastre registration of the land plot, as well as the state registration of rights to state or municipal ownership of the land plot formed on the basis of the land plot layout scheme, excluding cases where a land plot is formed from lands or a land plot on which state ownership has not been demarcated;

6. submission by an interested citizen or legal entity wishing to obtain a land plot to the [authorized body](/enc/32109/ "Definition of the term «Authorized Body» in the legal encyclopedia) with an application for conducting an auction specifying the cadastral number of such a land plot. This application must specify the purpose of using the land plot;

7. submission by an authorized body of an application for state registration of the right of state or municipal ownership over a land plot formed in accordance with the cadastral plan of the territory or with the approved in accordance with subparagraph 3 of this paragraph scheme of the location of the land plot, except in cases where the land plot is formed from lands or a land plot over which state ownership has not been demarcated, and except in cases where the land plot cannot be the subject of an auction in accordance with subparagraphs 1, 5 - 19 of paragraph 8 of this article;

8. obtaining technical conditions for connection (technical attachment) of objects to engineering infrastructure networks, if the presence of such conditions is a mandatory requirement for conducting an auction, except in cases where the land plot cannot be the subject of an auction in accordance with subparagraphs 1, 5–19 of point 8 of this article;

9. verification by the authorized body of the presence or absence of grounds provided in paragraph 8 of this article, and adoption by it within a period not exceeding two months from the date of receipt of the relevant application of a decision to conduct an auction or a decision to refuse conducting an auction if at least one of the specified grounds exists.

5. Application for approval of the land plot layout scheme, application for conducting an auction shall be submitted or sent by the applicant at his discretion personally or via postal mail on a paper medium or in the form of electronic documents using the information and telecommunications network "Internet" to the authorized body. The procedure and methods for submitting the aforementioned applications, if they are submitted in the form of electronic documents using the information and telecommunications network "Internet", and

The requirements for their format are approved by the federal executive authority body authorized by the Government of the Russian Federation.

6. Authorized body may approve an alternative version of the land plot layout scheme if the individual who submitted the application for approval of the land plot layout scheme provides written consent.

7. In the event that, in accordance with the primary type of permitted use of the land plot, the construction of buildings or structures is envisaged, the provision of such a land plot is carried out by conducting an auction on the right to conclude a lease agreement for the land plot, except in cases of conducting an auction for the sale of the land plot or an auction on the right to conclude a lease agreement for the land plot in accordance with Article 39.18 of this Code.

8. A land plot owned by the state or municipal property cannot be the subject of an auction if:

1. The boundaries of the land plot are subject to refinement in