Choosing the type of permitted use for individual housing construction (IHC) or horticulture does not require making a decision on the conversion of forested land
Translation of a forest land plot, provided for free use based on Law No. 119-FZ of May 1, 2016, from the forest fund category to another category of land is carried out by the registration authority based on information submitted by an authorized body regarding the assignment of the land plot to a specific category of land depending on the permitted use or uses of the land plot chosen by the citizen, without the registration authority taking any corresponding decision.
Citizen approached court with a claim to challenge the notice issued by the authorized body regarding refusal to use the land plot obtained for free usage under Law No. 119-FZ dated May 1, 2016, in accordance with the types of permitted land use selected in compliance with part 7 of Article 8 of said law - "for individual housing construction and gardening".
Satisfying the stated claims, court relied on the fact that according to the meaning of paragraphs 6, 8.1 of article 8 of the Law of May 1, 2016, No. 119-FZ, in cases where the selected by the citizen type or types of permitted use of the forest land plot provide for individual housing construction or horticulture and do not correspond to categories of land, to which the [land plot](/enc/3419/ "Definition of the term 'Land Plot' in
"legal encyclopedia"), the adoption of a decision to transfer the land plot from one category of land to another category is not required. In this situation, the authorized body, which has received the notice regarding the selected type or types of permitted use of the specified land plot, simultaneously with such notice sends to the registration authority
"registration» in the legal encyclopedia") rights information regarding the assignment of a land plot to a specific category of land depending on the type or types of permitted use of the land plot chosen by the citizen, including the category of land of populated areas.
Based on the content of paragraph 2 of part 8 of article 8 of Law No. 119-FZ dated May 1, 2016, the impossibility of using a forest land plot from the state forest fund in accordance with the permitted use(s) specified by the citizen should be due to the fact that this plot does not correspond to the type or types of forest use provided for in points 1–14 of part 1 of article 25 of the Forest Code of the Russian Federation; such type or types of permitted land use are not related to individual residential construction, keeping of personal subsidiary farming, horticulture, gardening, or carrying out
peasant (farmer) household of its activities, for which the transfer of such a land plot to lands of other categories is allowed translation ; the selected by the citizen type or types types of permitted use of the land plot are not allowed taking into account existing restrictions on land rights and the possibility of combining such types of land use with activities carried out on adjacent land plots.
Taking into account that the types of permitted land use selected by the citizen corresponded to the provided legal norms, there were no obstacles for using this land plot in accordance with such types, the authorized body had no grounds for sending the citizen a notice of refusal to use the land plot in accordance with the specified types of permitted use, and it was not necessary for the authorized body to make a decision regarding the disputed land plot on its reclassification into another category
lands.
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