Rights and obligations of right holders of land plots

9 March 2023, 18:08

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General Provisions

Rights of Landowners Regarding the Use of Land Plots

According to Article 40 of the Russian Land Code, the owner of a land plot has the right:

use in accordance with established procedures for their own needs the commonly occurring minerals minerals, fresh groundwater groundwater, as well as ponds and flooded quarries in accordance with the legislation of the Russian Federation;
to erect residential, industrial, cultural and everyday, and other buildings, structures in accordance with the intended purpose of the land plot and its permitted use, observing the requirements of urban planning regulations, construction, environmental, sanitary-hygienic, fire safety, and other rules and standards;
conduct irrigation, drainage, agricultural technical, and other land improvement works in accordance with permitted use, build ponds and other water bodies in compliance with established legislative ecological, construction, sanitary-hygienic, and other special requirements;
exercise other rights related to [use](/enc/32013/ "Definition of the term 'Use' in the legal encyclopedia) of the land plot provided for by legislation.

The owner of a land plot has the right of ownership over crops and plantings of agricultural crops, the resulting agricultural products, and income from their sale, except in cases where he transfers the land plot for lease, perpetual (indefinite) use, life-long inheritable possession or use without charge;

Rights to use land plots by land users, landowners, and lessees of land plots

According to Article 41 of the Land Code of the Russian Federation, persons who are not owners of land plots, except for holders of servitudes, exercise the rights of land plot owners established by Article 40 of the Land Code of the Russian Federation, except for the rights established by paragraph 2 of item 2 of the aforementioned article.

In accordance with paragraph 1 of Article 23 of the Land Code of the Russian Federation, the rights of persons using land plot on the basis of a servitude are determined by an agreement; the rights of persons using land plot on the basis of a public servitude are determined by law or another normative legal act, which establishes public servitude.

Obligations of landowners and persons not owning land plots by

According to Article 42 of the Land Code of the Russian Federation, landowners and persons, not owning land plots, are obligated:

use land plots in accordance with their designated purpose in ways that should not cause harm to the environment, including land as a natural object;
preserve boundary, geodetic, and other special markers established on land plots in accordance with legislation;
implement measures by protecting land, forests, water bodies, and other natural resources, including [fire safety measures](/enc/27582/ "Definition of the term 'Fire safety measures' in
promptly commence the use of land plots in cases where deadlines for developing land plots are stipulated in contracts;
promptly make payments for land;
comply with requirements of urban planning regulations, construction, environmental, sanitary-hygienic, fire safety and other rules, standards when using land plots;
not allow pollution, depletion,

degradation, damage, destruction of land and soil, and any other negative impact on land and soil;

to comply with other requirements provided for by the Land Code of the Russian Federation, federal laws.

The refusal of citizens and legal entities to exercise their rights to land plots does not entail the termination of their obligations established by Article 42 of the Land Code of the Russian Federation.