Land plots from the territory of protected natural areas (OOPT) are not subject to transfer into private ownership under a simplified procedure
The procedure for transferring public land plots into ownership, established by Government Decree of the Russian Federation dated April 9, 2022, No. 629, does not provide for the allocation of land and land plots restricted in circulation.
Citizen challenged in court the decision by the city administration to refuse providing ownership of a land plot that he was renting, which belongs to categories of land of specially protected natural territories (OOPT) and has a permitted use type of "for installation of a recreational cabin, placement of auxiliary facilities, and organization of leisure activities".
The court denied the citizen's claims based on the following reasoning.
Citizen" (see definition of "Citizen" in the legal encyclopedia) submitted an application for the allocation of a land plot to him in ownership on the basis of subparagraph "a" of paragraph 1 of the Government of the Russian Federation's decree dated April 9, 2022 No. 629, the version of which during the dispute period provided that the provision of land plots owned by the state or municipal property was carried out taking into account the special provisions introduced by this decree, in particular alongside cases provided for by the Land Code of the Russian Federation, sale is allowed without
conduct of auctions for a land plot located in state or municipal ownership, and a land plot state ownership on which demarcation has not been carried out, intended for personal subsidiary farming, gardening or horticulture by citizens for their own needs, recreation (leisure), industrial production, and provided for lease, provided that the authorized body specified in Article 39.2 of the Russian Land Code does not have information about
detected within the framework of state land supervision and unrectified violations of Russian legislation in connection with the use of such a land plot.
Meanwhile, the order specified by the aforementioned decree does not provide for the possibility of transferring land and land plots restricted in circulation into private ownership (paragraph of point 2 of Article 27, subpoint 19 of Article 39.16 of the Land Code of the Russian Federation).
Taking into account that according to information from the EGRN land plot, leased by a citizen, falls within the territorial zone of institutions and recreation objects, belongs to the categories of land of protected natural areas (OOPT), and has a permitted use type of "for installation of a rest cabin, placement of auxiliary facilities, and organization of leisure", the transfer of such a plot into private ownership is prohibited under paragraph 5 Article 27 of the Land Code of the Russian Federation.
Source: Thematic Review of the Supreme Court of the Russian Federation No. 11/2026. On the consideration by courts of cases related to land use rights for certain categories of land removed from circulation and restricted in circulation, and on the use of such plots