In the presence of information about the land plot in the Unified State Real Estate Register (EGRN) and the State Forest Register (GLR), the category of land is determined based on the data from the EGRN
By general rule, when both the GLR and EGRN contain information about a land plot provided by an authorized body to the right holder before January 1, 2016, the determination of the plot's belonging to a specific category of land is carried out based on EGRN data.
Person, being the owner of the land plot according to EGRN data, challenged in court the decision of the authorized body regarding inclusion of this land plot into the scheme of the land plot's location on the cadastral plan of the territory of the forest ranger district, citing that in 2011 this plot belonged to the category of lands [of agricultural purpose](/enc/21049/
"Definition of the term 'Lands designated for agricultural purposes' in the legal encyclopedia") with the permitted use type "for individual dacha construction" has been acquired under a sales contract.
Satisfying the stated claims, court proceeded from the fact that where information about land plots provided before January 1, 2016, is simultaneously present in the GLR and EGRN, federal legislation established priority for information on categories of land contained in the EGRN, as well as in the title-deed and certificate documents (part 3 of Article 14 of the Law on the Transfer of Land or Land Plots from One Category to Another).
According to the case file, it has been established that the right of ownership of the disputed land plot, which arose before January 1, 2016, is confirmed by a notarized sales contract dated November 26, 2011, as well as an extract from the EGRN dated November 26, 2011. This plot was used in accordance with its intended purpose.
The previous owner was granted the land plot based on the decision of the authorized body dated July 8, 2008. This decision provided consent to members of the gardening non-profit organization, in which this land plot is located, for the development of land use planning projects PO regarding the allocation of land plots for individual dacha construction.
Providing a land plot for individual garden construction did not contradict state construction norms and the city's general plan; the boundaries of the land plot were established. The configuration of the plot and its area corresponded to the configuration and area of the land plot specified in the act of boundary agreement for the land plot for individual garden construction from 2008, as well as in the certificate of ownership issued when the plot was provided to the previous owner.
Administrative acts regarding the allocation of the disputed land plot for individual garden construction have not been deemed invalid.
Under the circumstances described, the decision by the authorized body in part relating to the inclusion of the disputed land plot into the scheme of land plot location on the cadastral plan territory of the forestry district was unlawful.
Source: Thematic Review by the Supreme Court of the Russian Federation № 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