The functional zone of recreational purpose excludes the construction of multi-apartment residential buildings on land plots within protected natural areas
The placement of land plots within the functional zone "recreational", "recreational structures" excludes construction of multi-family residential buildings with service facilities for residential development.
The organization submitted an application to the administration of the municipal formation through the architectural and construction inspection department (hereinafter referred to as the department) for the issuance of a permit for construction of capital construction objects - multi-family residential buildings with facilities for servicing residential development.
The authority on the results of consideration of the aforementioned application decided to refuse to issue a permit for construction on the basis of paragraph 13 Article 51 of the Land Code of the Russian Federation, citing, among other things, non-compliance of the submitted documents, which assume construction of multi-family homes with facilities for residential development and parking lots, with the permitted use of land plots
"public catering (4.6) - restaurants, cafés, bars", contained in the EGRN. In addition, it is indicated that land plots are located within the boundaries of Specially Protected Natural Territories - forest park.
The Judicial Collegium of the Supreme Court of the Russian Federation, cancelling judicial decisions of lower courts by which the claims were satisfied, and referring the case for reconsideration, noted the following.
In accordance with the general city plan, the land plots on which the company planned to carry out construction of multi-family residential buildings are located in the functional zone "recreational" (previously - "recreational structures"). The assignment of the company's land plots to the functional zone "recreational", "recreational structures" is due to the presence of a sanatorium on the land plot.
The inclusion of land plots within recreational zones into lands of populated areas is directly provided in sub-item 5 of item 1 Article 85 of the Russian Land Code. Such land plots are used for citizens' leisure and tourism (item 9 Article 85 of the Russian Land Code).
The location of the company's land plots in the functional zone "recreational", "recreational structures" excludes the possibility of constructing multi-apartment medium-rise residential buildings with facilities for residential construction.
In accordance with paragraph 3 of Article 3.1 of the Law on Specially Protected Natural Territories use of land plots within the territory of a populated area included in the composition of Specially Protected Natural Territories must be carried out taking into account the special protection regime of this territory.
Taking into account the aforementioned circumstances, the multi-apartment mid-rise complex development on land plots within the boundaries of the SPNT will violate established legal regime of special protection for the forest park.
Source: Thematic Review of the Supreme Court of the Russian Federation No. 11/2026. On the consideration by courts of cases related to rights to land plots of certain categories of land removed from circulation and restricted in circulation, and on the use of such plots