Legal regime of settlement lands

General Provisions

The basis of the legal regime of lands of populated areas is Chapter XV of the Land Code of the Russian Federation.

Concept of Lands of Populated Areas and Concept of Boundaries of Populated Areas

According to Article 83 of the Land Code of the Russian Federation, lands of populated areas are recognized as [lands](/enc/9280/ "Definition of the term «Lands» in the legal encyclopedia) used and intended for construction and development of populated areas.

The boundaries of urban and rural populated areas separate lands of populated areas from lands of other categories. The boundaries of urban and rural populated areas must not intersect the boundaries of municipal formations or extend beyond their boundaries, nor may they intersect land plots allocated to citizens or legal entities.

Procedure for Establishing or Changing the Boundaries of Populated Areas

According to Article 84 of the Land Code of the Russian Federation, establishing or changing the boundaries of populated areas is:

1. approval or amendment of the general plan of a city district, settlement, displaying boundaries of populated areas, located within the boundaries of the corresponding municipal formation;

2. approval or amendment of the territorial planning scheme of a municipal district, displaying the boundaries of rural populated areas located outside the boundaries of settlements (on inter-settlement territories).

2. Approval of changes to the boundaries of cities of federal significance, Moscow, Saint Petersburg, and Sevastopol is carried out in accordance with the decision of the Federation Council of the Federal Assembly of the Russian Federation.

3. The inclusion of land plots into boundaries of populated areas does not result in the termination of rights of owners of land plots, land users, landholders, and lessees of land plots.

Composition of Land in Populated Areas and Territorial Zoning

According to Article 85 of the Land Code of the Russian Federation, land plots belonging to the following territorial zones may be included in the composition of urban lands:

1. residential;

2. public and administrative;

3. industrial;

4. engineering and transport infrastructure;

5. recreational;

6. agricultural use;

7. special purpose;

8. military objects;

9. other territorial zones.

The boundaries of territorial zones must comply with the requirement that each land plot belongs to only one zone.

Land Use and Construction Rules establish urban development regulation individually for each territorial zone, taking into account the specifics of its location and development, as well as the possibility of territorial combination of various land use types (residential, public-commercial, industrial, recreational, and other types of land use).

For land plots located within the boundaries of one territorial zone, a unified urban planning regulation is established. The urban planning regulation of the territorial zone determines the basis of the legal regime of land plots, as well as everything located above and below the surface of land plots and used during construction and subsequent operation of buildings and structures.

Urban planning regulations are mandatory for compliance by all landowners, land users, landholders, and tenants of land parcels regardless of the form of ownership or other rights to land parcels.

The aforementioned persons may use land parcels in accordance with any urban planning regulation providing for each territorial zone type of permitted use.

Land plot and objects of real estate firmly associated with it do not comply with the established urban planning regulation for territorial zones in cases where:

the types of their use are not included in the list of permitted uses;

their sizes do not meet the maximum values established by the urban planning regulation.

The specified land plots and real estate objects firmly associated with them may be used without establishing a period for bringing them into compliance with urban planning regulations, except in cases where their use is dangerous to human life and health, the environment, or monuments of history and culture.

In cases where the use of land plots and immovable objects firmly connected with them that do not comply with urban development regulations is dangerous to human life or health, the environment, or cultural heritage objects (monuments of history and culture), a prohibition on the use of such objects may be imposed in accordance with federal laws.

Reconstruction of existing real estate objects, as well as construction of new real estate objects firmly linked to the specified land plots, may be carried out only in accordance with established urban planning regulations.

Land plots within residential zones are intended for the construction of residential buildings, as well as cultural and domestic facilities and other purpose objects. Residential zones may be designated for individual residential development, low-rise mixed-use residential development, mid-rise mixed-use residential development, high-rise residential development, and other types of development in accordance with urban planning regulations.

Land plots within public-commercial zones are designated for the construction of administrative buildings, educational, cultural and social facilities, and other objects intended for public use in accordance with urban planning regulations.

Land plots within industrial zones are designated for the construction of industrial, utility-storage, and other production facilities intended for these purposes in accordance with urban planning regulations.

Land plots within the zones of engineering and transport infrastructure are designated for construction of railway, road, river, sea, air, and pipeline transportation facilities, communication systems, engineering infrastructure, as well as other objects in accordance with urban planning regulations.

Land plots within recreational zones, including land plots occupied by city forests, plazas, parks, city gardens, ponds, lakes, reservoirs, are used for citizens' recreation and tourism.

Within the boundaries of populated areas, [zones of specially protected territories](/enc/923/ "Definition of the term 'Zones of Specially Protected Territories' in the legal encyclopedia) may be designated, which include land plots having special nature conservation, scientific, historical and cultural, aesthetic, recreational, health-promoting, and other particularly valuable significance.

Land plots included in the composition of zones of specially protected territories are used in accordance with requirements established by Articles 94 - 100 of this Code.

Land plots on which objects that are not historical or cultural monuments but located within the boundaries of the protected zones of historical and cultural monuments are used in accordance with urban planning regulations established taking into account the requirements for the protection of historical and cultural monuments.

Land plots within zones designated for agricultural use in populated areas - land plots occupied by arable land, perennial plantations, as well as buildings and structures of agricultural purpose - are used for the purposes of agricultural production until the moment of change in their use in accordance with general plans of populated areas and land use and development regulations.

Land plots of public use occupied by areas, streets, alleys, motor roads, embankments, parks, boulevards, water bodies, beaches, and other objects may be included in the composition of various territorial zones and are not subject to privatization.