Exchange of a land plot owned by the state or municipal property for a land plot owned by private property

General Provisions

Article 39.21. Cases of Exchange of a Land Plot in State or Municipal Ownership for a Land Plot in Private Ownership

The exchange of a land plot in state or municipal ownership for a land plot in private ownership is permitted in the exchange of:

1) a land plot in state or municipal ownership for a land plot that is in private ownership and is being seized for state or municipal needs;

2) a land plot in state or municipal ownership for a land plot that is in private ownership and is intended, in accordance with the approved territory planning project and territory surveying project, for the placement of a social infrastructure facility (if the placement of a social infrastructure facility is necessary for compliance with urban planning design standards), engineering and transport infrastructure facilities, or on which such facilities are located.

Article 39.22. Terms of the Exchange Agreement for a Land Plot in State or Municipal Ownership for a Land Plot in Private Ownership

1. Buildings and structures located on the land plots that are the subject of the exchange agreement must also be the subject of that exchange agreement.

2. In the event that a land plot and the social, engineering, and transport infrastructure facilities located thereon are in the private ownership of one person, the exchange agreement may provide for the gratuitous transfer of the said facilities into state or municipal ownership.

3. A difference in the permitted uses of land plots is not an obstacle to concluding an exchange agreement for such land plots.

4. Upon conclusion of an exchange agreement for land plots in accordance with this article, the land plots and the real estate facilities located thereon, with the exception of real estate facilities transferred gratuitously into state or municipal ownership, are subject to mandatory appraisal to establish their market value in accordance with the legislation of the Russian Federation on appraisal activity.

5. Upon conclusion of an exchange agreement for land plots in accordance with this article, the price of the exchanged land plots, including the real estate facilities located thereon (with the exception of real estate facilities transferred gratuitously into state or municipal ownership), must be equivalent, except for the case provided for in paragraph 6 of this article.

6. In the event of the seizure of a land plot in private ownership for state or municipal needs, with the consent of the owner of such land plot, a land plot that is in state or municipal ownership and whose price is lower than the redemption price of the land plot being seized may be transferred into his ownership under an exchange agreement. In this case, the owner whose land plot is being seized shall be compensated for the said difference within a period not exceeding three months from the date of transfer of title to the seized land plot.