Reallocation of land and/or land plots owned by the state or municipal authorities among themselves and such land and/or land plots owned by private entities

General Provisions

Cases and Grounds for Redistribution of Land and (or) Land Plots Owned by the State or Municipalities Among Themselves

According to Article 39.27 of the Land Code of the Russian Federation, redistribution of land and (or) land plots owned by the state or municipalities among themselves is permissible in the following cases:

1. all land plots which are in state or municipal ownership and the redistribution of which is carried out, have not been allocated to citizens, legal entities, government authorities or local self-government bodies, and are not burdened by third-party rights, except for a servitude;

2. land plot, which is in state or municipal ownership and between which and lands redistribution is carried out, has not been allocated to citizens, legal entities, state authorities or local self-government bodies, and is not burdened by the rights of third parties, except for servitudes;

3. all land plots which are in state or municipal ownership and between which redistribution is carried out have been allocated on a single form of right to the same person.

In cases specified in paragraph 1 of Article 39.27 of the Land Code of the Russian Federation, redistribution of land or land plots is carried out on the basis of agreements between authorized bodies, except for the case provided for in paragraph 3 of Article 39.27 of the Land Code of the Russian Federation.

In the case of redistribution of land and (or) land plots which are in state or municipal ownership and the right of disposal of which belongs to the same executive body of state authority or local self-government body, such redistribution is carried out on the basis of a decision by the relevant authority.

In the event that the redistribution of land and (or) land plots, which are in state or municipal ownership, is carried out on the basis of an approved cadastral plan [territory](/enc/33369/ "Definition of the term 'Territory' in the legal encyclopedia), the agreement or decision on the redistribution of land and (or) land plots, which are in state or municipal ownership, shall specify the details of the decision approving the cadastral plan territory.

If the redistribution of land and (or) land plots located in state or municipal ownership is planned in accordance with the scheme of land plot location, this scheme must be a mandatory attachment to the agreement or decision on the redistribution of land and (or) land plots located in state or municipal ownership. In this case, this scheme is approved by the aforementioned agreement or decision.

Agreement on redistribution of land and (or) land plots belonging to state or municipal ownership must contain obligation of the parties to ensure formation of land plots, including distribution of the burden of expenses related to performance of cadastral works to form land plots, as well as information about rights arising from

formed land plots

Agreement on redistribution of land and/or land plots owned by the state or municipality may not be concluded, and a decision on redistribution of land and/or land plots owned by the state or municipality may not be adopted if at least one of the following circumstances exists:

1. the redistribution of land plots that are in state or municipal ownership and have been provided on one type of right to the same person, and the absence of written consent from the specified person;

2. the land surveying project territory or the layout scheme of the land plot provides for redistribution of a land plot belonging to state or municipal property and being subject to auction, or a decision on preliminary approval of its allocation has been adopted, the validity period of which has not expired;

3. boundaries of the land plot belonging to state or municipal property shall be clarified in accordance with the Federal Law "On State Cadastre of Real Estate";

4. there are grounds for refusing approval of the land plot layout scheme provided by paragraph 16 of article 11.10 of the Land Code of the Russian Federation;

5. the cadastral plan territory or land plot layout scheme provides for redistribution of a land plot that is in state or municipal ownership, and in respect of which an application has been submitted for allocation of a land plot and a decision on refusal to allocate it has not been adopted.

Cases and grounds for the redistribution of land (and/or land plots) owned by the state or municipal authorities, and land plots owned in private property

According to Article 39.28 of the Land Code of the Russian Federation, the redistribution of land (and/or land plots) owned by the state or municipal authorities, and land plots owned in private property is allowed in the following cases:

1. reallocation of such lands and (or) land plots within the boundaries of the developed territory, in relation to which an agreement on development of the developed territory has been concluded, is carried out with the aim of aligning the boundaries of land plots with the approved cadastral survey project of the territory;

2. reallocation of such lands and (or) land plots for the purpose of aligning the boundaries of land plots with the approved cadastral survey of the territory in order to eliminate inclusions, intermingling, irregularity of boundaries, strip farming, provided that area of land plots owned in private property increases as a result of this reallocation not exceeding the established maximum size limits for land plots;

3. reallocation of land and/or land plots owned by the state or municipality, and land plots owned by citizens and intended for personal subsidiary farming, gardening, horticulture, dacha maintenance, and individual housing construction, provided that area of land plots owned by citizens increases as a result of this reallocation not exceeding the established maximum limit sizes of land plots;

4. land plots are formed for the placement of capital construction objects provided for by Article 49 of the Land Code of the Russian Federation, including in the interests of expropriation of land plots for state or municipal needs.

The redistribution of land and (or) land plots belonging to state or municipal ownership, as well as land plots belonging to private ownership, is carried out on the basis of an agreement between authorized bodies and owners of land plots. At the same time, this agreement must contain information regarding the emergence of the right of state or municipal ownership and (or) the right of private ownership over the land plots being formed.

The redistribution of land and (or) land plots that are in state or municipal ownership, as well as land plots in private ownership, is carried out in accordance with the approved cadastral plan of the territory, or, in the absence of such a plan, in accordance with the approved layout scheme of the land plot.

Mandatory appendices to the agreement specified in paragraph 2 of Article 39.28 of the Land Code of the Russian Federation are the cadastral passport of the land plot or cadastral passports of land plots that result from redistribution of land and/or land plots belonging to state or municipal ownership, and the land plot belonging to private ownership.

The increase in the area of land plots owned in private property as a result of redistribution of such land plots and land (and/or) land plots owned by the federal state or municipal ownership is carried out for a fee, the size of which is determined:

1. in accordance with the procedures established by the Government of the Russian Federation, regarding land plots owned by the federal state;

2. in accordance with the procedures established by the state authority of a federal subject of the Russian Federation, concerning land plots owned by the federal subject of the Russian Federation, or land or land plots where state ownership is not demarcated; state ownership

3. in accordance with the procedures established by the local self-government body, concerning land plots owned by municipal property.

Procedure for Concluding an Agreement on the Reallocation of Land and (or) Land Plots in State or Municipal Ownership, and Land Plots in Private Ownership

For the purpose of concluding an agreement on the redistribution of land and (or) land plots belonging to state or municipal ownership, and land plots belonging to private ownership, citizen or legal entity - owners of such land plots submit an application for the redistribution of land and (or) land plots belonging to state or municipal ownership, and land plots belonging to private ownership (hereinafter -

application on the reallocation of land plots), to the authorized body.

In the application for the redistribution of land plots, the following are specified:

1. surname, name, and (if applicable) patronymic of the applicant, place of residence of the applicant, document details confirming the identity of the applicant (for a citizen);

2. name and place of residence of the applicant (for a legal entity), as well as the state registration number of the entry on state registration of the legal entity in the Unified State Register of Legal Entities, taxpayer identification number, excluding cases where the applicant is a foreign

3. cadastral number of the land plot or cadastral numbers of land plots, the redistribution of which is planned to be carried out;

4. specifications of the approved land survey project, if the redistribution of land plots is planned to be carried out in accordance with this project;

5. postal address and/or email address for communication with the applicant.

The following documents are attached to the application for the redistribution of land plots:

1. copies of title-establishing or title-confirmation documents for land plot belonging to the applicant, in cases where ownership rights are not registered in the Unified State Register of Rights on real estate and transactions with it;

2. a scheme showing the location of the land plot in cases where there is no project for territorial surveying, within the boundaries of which the redistribution of land plots is carried out;

3. document, confirming authority of the applicant's representative, in the case where a representative of the applicant submits an application for the allocation of a land plot;

4. certified translation into Russian language of documents on the state registration of a legal entity in accordance with the legislation of a foreign state in the case where the applicant is a foreign legal entity.

Applicant is entitled to submit documents that are to be obtained by the authorized body through inter-agency information exchange.

Statement on the reallocation of land plots and attached documents by the applicant's choice may be submitted or sent to the authorized body in person or by postal mail on a paper medium or in the form of electronic documents using the information and telecommunications network "Internet".

The order and methods of submitting applications for the redistribution of land plots, if they are submitted in the form of electronic documents using the information and telecommunications network "Internet", requirements for their format are approved by the federal executive body authorized by the Government of the Russian Federation.

Within ten days from the date receipt of the application for redistribution of land plots, the authorized body returns the application to the applicant if it does not meet the requirements of paragraph 2 of Article 39.29 of the Land Code of the Russian Federation, is submitted to another body, or if documents provided for in paragraph 3 of Article 39.29 of the Land Code of the Russian Federation are not attached to the application

of the Russian Federation. At the same time, all reasons for returning the application regarding the redistribution of land plots must be specified.

Within a period of no more than thirty days from the receipt of the application for redistribution of land plots, the authorized body on the basis of its consideration performs one of the following actions:

1. adopts a decision to approve the scheme of land plot location and sends this decision along with the attached scheme to the applicant;

2. directs the applicant with consent to execution of an agreement on redistribution of land plots in accordance with the approved cadastral project of the territory;

3. makes a decision to refuse execution of an agreement on redistribution of land plots if there are grounds provided by paragraph 9 of Article 39.29 of the Land Code of the Russian Federation.

The authorized body takes a decision to refuse entering into an agreement on redistribution of land plots if at least one of the following grounds is present:

1. the application for redistribution of land plots has been submitted in cases not provided for by paragraph 1 of article 39.28 of the Land Code of the Russian Federation;

2. written consent of persons specified in paragraph 4 of article 11.2 of the Land Code of the Russian Federation has not been submitted, if the land plots to be redistributed are burdened with rights of these persons;

3. on the land plot, on which the right of private ownership arises, as a result of redistribution of the land plot owned in private ownership, and lands and (or) land plots owned by the state or municipal authorities, will be located building, structure, unfinished construction object, owned by the state or municipal authorities, located on

the property of other citizens or legal entities, except for structures (including structures, the construction of which has not been completed), located on the conditions of servitude, or an object provided for by paragraph 3 of Article 39.36 of the Land Code of the Russian Federation, the presence of which does not hinder the use of the land plot in accordance with its permitted use;

4. the land surveying project or the layout scheme of the land plot provides for redistribution of a land plot in private ownership and (or) lands and (or) land plots in state or municipal ownership which have been removed from circulation or restricted in circulation;

5. education of a land plot or land plots is provided through redistribution of a land plot in private ownership and land (and/or) land plots in state or municipal ownership reserved for state or municipal needs;

6. the land surveying project or the scheme of land plot location provides for redistribution of a land plot in private ownership and a land plot in state or municipal ownership which is subject to an auction, notice of conduct of which has been published in accordance with paragraph 19 of Article 39.11 of the Land Code of the Russian Federation, or a decision on preliminary approval of its allocation, validity period of which has not expired, has been adopted in respect of such land plot;

7. education of a land plot or land plots is provided by redistributing a land plot owned in private property, and lands (and/or) land plots that are owned by the state or municipal property and in relation to which an application for preliminary agreement on the allocation of a land plot or an application for the allocation of a land plot has been submitted, and no decision on refusal of this preliminary agreement or this allocation has been made;

8. as a result of redistribution of land plots area of the land plot, for which the right of private ownership arises, will exceed established maximum size limits for land plots;

9. formation of a land plot or land plots is provided through redistribution of a land plot owned by private individuals and lands from which it is possible to form an independent land plot without violating the requirements stipulated in Article 11.9 of the Land Code of the Russian Federation, except for cases of redistribution of land plots in accordance with subparagraphs 1 and 4 of paragraph 1 of Article 39.28 of the Land Code of the Russian Federation;

10. the boundaries of the land plot in private ownership shall be refined in accordance with the Federal Law "On State Cadastre of Real Estate";

11. there are grounds for refusal to approve the layout scheme of the land plot provided for by paragraph 16 of Article 11.10 of the Land Code of the Russian Federation;

12. the land plot layout scheme attached to the application for redistribution of land plots has been developed in violation of the requirements for formed land plots or does not correspond to the approved territorial planning project, land surveying documentation, or regulations on specially protected natural territories;

13. land plot, the establishment of which is provided for by the layout scheme of the land plot, located within the boundaries of the territory with respect to which the project of territorial demarcation has been approved.

The decision on refusal to conclude an agreement on redistribution of land plots must be justified and contain a reference to all grounds for refusal.

Person, in respect of whom a decision to approve the land plot layout scheme has been adopted or to whom consent has been issued conclusion of an agreement on redistribution of land plots in accordance with the approved cadastral plan of territory, ensures performance of cadastral works for the purpose of state cadastral registration of land plots formed as a result of such redistribution and submits an application for state cadastral registration of these land plots.

The absence of information regarding the location of the boundaries of a land plot in the state real estate cadastre, which is owned by the state or municipality and in relation to which redistribution is being carried out, shall not be grounds for refusing to conclude an agreement on the redistribution of land plots. In this case applicant ensures the performance of cadastral works for the purpose of state cadastral registration of the land plot, ownership of which [applicant](/enc/31769/ "Definition of the term 'Applicant' in the legal

"(encyclopedias), and submits an application for state cadastral registration of such a land parcel."

Within a period not exceeding thirty days from the date of submission to the authorized body of the cadastral passport of the land plot or land plots formed as a result of redistribution, the authorized body shall send signed copies of the project agreement on land plot redistribution to the applicant for signing. The applicant is obliged to sign this

Agreement no later than thirty days from the date of receipt.

The authorized body refuses to conclude an agreement on the redistribution of land plots in cases where area of the land plot for which the right of private ownership arises exceeds the area of such a land plot specified in the land plot layout scheme or the territorial boundary survey project, in accordance with which such a land plot was established, by more than ten percent.