The erection of capital construction objects on a forest land plot in violation of lease terms constitutes grounds for termination of the agreement and demolition of the structures.
Construction of capital structures on a forested area not provided for in the forest utilization project, which has received a positive conclusion of state expert review, constitutes a material breach of the lease agreement, grounds for its termination, restoration of the forested area to its original condition, and demolition of unauthorized structures located on it.
Software results of the inspection of land use conditions, the forest management authority of the subject of the Russian Federation identified objects presumably being capital construction facilities, in which wells have been installed for the extraction of natural drinking water for bottling.
In connection with this, the administration addressed the court with demands to recognize the structures erected on the forest land plot as unauthorized constructions, to demolish them, and to terminate the lease agreement concluded with the company for the rental of forest fund plots.
The company has submitted counter-claims regarding the change of the forest land's intended use from the category of "protective forests" to the category of "exploitable forests," as well as requesting amendments to the lease agreement concerning the specification of permitted use, changing it from "conducting recreational activities" to "carrying out works under geological exploration of mineral resources,"
The Court granted the plaintiff's claims, denied the counterclaims based on the following grounds.
The forest land forest plot leased by the company is located in a forest park zone, the lease agreement contract was concluded for recreational purposes, and the agreement prohibits the placement placement of capital construction objects on the leased land.
The forest development project, which has received a positive conclusion from state expertise, provides for the placement of recreational infrastructure objects (temporary structures) on the territory of the leased land, as well as the creation of forest infrastructure objects - a fire inventory point and signage on fire safety measures in forests. The cutting down of forest plantations for the purpose of placing the planned recreational and
Forest infrastructure and the placement of temporary structures are not provided for by the development project.
According to the conclusion of the judicial land survey expertise, the structures erected by the company are located on a forested area and exhibit characteristics of real estate.
In forests located within forest park zones, exploration and mineral extraction (paragraph 4 of part 2 of article 114 of the Forest Code of the Russian Federation), as well as placement of capital construction objects, except for bicycle, running, and other similar tracks and hydraulic engineering structures (paragraph 5 of part 2 of article 114 of the Forest Code of the Russian Federation), is prohibited.
As a result of erecting capital construction objects on territory forest land, as well as carrying out prohibited (taking into account the intended purpose and permitted type of use of the forest land established by both forestry legislation and the terms of the lease agreement for the forest land) activities by extracting minerals, the company has committed gross violations of essential conditions of the lease agreement for the forest land, which constitutes grounds for its termination through court proceedings, leading to
forest land back to its original status and demolition of unauthorized structures located on it.
Source: Thematic review of the Supreme Court of the Russian Federation No. 11/2026. On the consideration by courts of cases related to the rights to land plots of certain categories of land removed from circulation and restricted in circulation, and on the use of such plots