Land parcels in private ownership may be included in the boundaries of a specially protected natural area
Within the boundaries of a specially protected natural territory it is permissible to include land parcels in private ownership and establish types of their permitted use taking into account the significance of this territory.
The company challenged regional regulatory legal acts providing for the establishment of a protected natural area of regional significance — a forest park — in part relating to the inclusion within its boundaries of a land plot owned by the company as property, classified under "land categories" "land of populated areas" with a permitted use type of "sports and recreational facilities, including sports complexes, halls, rinks, pools, fitness centers, hotels", as well as in part relating to changing the permitted use
permitted use of this land plot
The society considered unlawful the inclusion of the specified land plot with a non-residential building - a hotel owned by the society on the right of ownership - into the boundaries of the protected natural area (OOPT), as this deprives it of the right to use the land plot in accordance with its designated purpose.
The Court refused to satisfy the claim made, citing that within the boundaries of populated areas, zones of protected territories may be designated, which include land plots with special nature conservation, scientific, historical-cultural, aesthetic, recreational, health-improving, and other particularly valuable significance, in particular lands of PNT (point 10 of article 85, point 1, subpoint 1 of point 2 [of article 94 of the Land Code].
[Article](/enc/32056/ "Definition of
At the same time, changes to urban planning regulations for land plots included in this protected area (OOPT) do not deprive the owners of such land plots and capital construction objects located on them of the right to continue using them without bringing them into compliance with the established legal regime, except in cases where this poses a danger to human life or health, the environment, or cultural heritage objects (paragraph 4 Article 85 of the Russian Land Code, part 8 Article 36 of the Russian Civil Code).
Source: Thematic Review of the Supreme Court of the Russian Federation No. 11/2026. On the consideration by courts of cases related to land plots of certain categories of lands removed from circulation and restricted in circulation, and on the use of such plots