All information about permanent unlimited use of land

Ownership and use of land on the right of permanent (perpetual) use

Citizens of the country who acquire the right to own land on the basis of the possibility of indefinite use on an ongoing basis are considered by current legislation to be land users. These persons acquire full powers to own and use land territories.

The transfer of land territory from state or municipal assets to the use of private individuals is subject to a decision of the responsible executive body. This document states:

• accurate cadastral data of the territory;
• surname, name, patronymic of the citizen, if the land territory is transferred to individuals;
• name of the institution, information on state registration of the legal entity, if the user of the site is a legal entity;
• names of state and municipal authorities.

Persons who are provided with land plots on the basis of the right of unlimited use on an ongoing basis are:

• Individuals and legal entities;
• state and municipal level institutions;
• state-owned production and enterprises.

What legislative acts regulate this procedure?

The provision of land plots for permanent, unlimited use is carried out in accordance with the first paragraph of Article 268 of the State Code of the Russian Federation.

After 2001, namely after the Land Code came into force, only those specified in Art. 20 clause 1 of the Land Code of the Russian Federation.

If you had a plot of land for use before the Land Code came into force, and you are not on the list of persons who are granted the right of perpetual use, then Art. 20 clause 3 describes that the right of permanent use is retained.

True, if you are not an individual, then since 2006 Art. 36 of the Land Code obliges the owner to re-register the plot of land or arrange a lease. That is, it means that for individuals the term of unlimited use is unlimited, and for legal entities it is limited to a certain period.

Read more about the rules for providing land plots here.

Duration of the right to permanent (indefinite) ownership of a plot of land

The period for granting private legal entities and individuals the rights for permanent ownership of land plots is not precisely determined, since the legislation provides for the possibility of using land on a permanent and indefinite basis.

In contrast to the right to own land, which is granted for life based on the inheritance procedure, the possibility of permanent use of land property is a less stable concept. This characteristic is manifested in the possibility of early termination of the possibility of indefinite use of territories, before the moment the subject ceases to own its activities on the lands.

The period for provision to citizens, legal entities, state and municipal authorities may be forcibly expired, subject to the presence of a serious reason, including:

• forced withdrawal of land from property to meet state and municipal needs;
• in case of violation of the intended purpose established by law or if the intended use contributes to the deterioration of the quality and properties of land;
• in case of deliberate soil damage;
• refusal to take necessary measures to improve the condition of the territories, as well as protect the lands;
• failure to comply with measures that help bring the soil into a usable state;
• refusal to exploit the territory for more than three years. This period usually does not include the time that will be sufficient for the full development of the site.

Withdrawal of land plots from permanent use is possible subject to a decision by state or municipal authorities.

Procedure for provision

The algorithm of actions depends on whether the land has been registered and the site has been allocated and demarcated.

If the allotment has not yet been registered with the State Property Committee and has not been assigned a cadastral number, then the following actions need to be taken:

1. prepare a set of documents of a legal entity in accordance with the complete list that is needed in this case;
2. submit an application to the land owner for preliminary approval of receiving the plot of land you like, attaching a copy from the general diagram of the municipal or state territory.

The following documents are needed:

• an application of a certain content and form (it is possible to obtain it from the administration where the applicant is applying);
• power of attorney from a legal entity to carry out the procedure for obtaining land for indefinite use for a certain citizen;
• personal documents of this authorized person;
• an extract from the Unified State Register of Legal Entities, current at the time of application.

The administration can, in principle, agree to the proposed option, or propose its own, then the legal entity, through its legal representative, must carry out cadastral work (based on the demarcation project).

If you refuse, you will need to act based on the motivation for the refusal - eliminate the shortcomings that the administration specialists referred to in their negative response, or take other actions - for example, start looking for another plot.

If the response to the application for preliminary approval is positive, you need to go to the cadastral chamber, which geographically covers with its services the area where the desired plot is located. Specialists will carry out geodetic work, mark the site chosen by the legal entity on the administration map, and enter it into the land register, assigning a cadastral number and issuing a cadastral plan.

Now a future permanent user can obtain state registration of public property rights. Next, the representative of the legal entity submits an application for the issuance of a resolution for the transfer for perpetual use of this particular site, adding to the existing documents the following:

• application for the provision of an allotment on an indefinite basis;
• cadastral passport;
• an extract from the Unified State Register of Rights to the Site.

If a lot of time has passed between receiving preliminary approval and the current date, then you will have to update the extract from the Unified State Register of Legal Entities.

The title papers, as well as the cadastral passport, do not have to be attached - this is allowed by law, but since the documents are in hand, it makes sense to present them, then the review period will be reduced by the time that would be needed to request these papers from government bodies.

If the plot initially has its own cadastral number, then the main application is immediately submitted, accompanied by documents confirming the competence of the representative and his personal identification card. After consideration, the administration issues a decision on the transfer of the legal entity. the person has the right to permanent, unlimited use of the land plot, and on the basis of this decision - a resolution.

Possibilities of site users. Limits of exercise of powers of land users

Each plot of land that is provided to a citizen on the basis of permanent use rights must be used exclusively for its intended purpose, as well as within acceptable limits. Such norms are established by the norms of the Land and Civil Codes of the Russian Federation and are regulated by legislative acts of executive bodies that granted the right to use the territory.

The legal owner of the territory is empowered to dispose of the land plot on the basis of the right of permanent use and has the opportunity to exclusively refuse to exploit the territory.

Citizens who have acquired a plot of land for permanent use for an indefinite period do not have the right to enter into any financial or legal transactions in relation to this territory - transfer it for use to third parties on the basis of a lease agreement, or provide it for free use for a limited period. The presence of voluntary consent of the legal owner of a plot of land is not the basis for concluding such transactions.

Those persons who use land plots on the basis of rights of perpetual use on an ongoing basis cannot independently manage the legal status of this plot. The following cases may be exceptions:

• The establishment of an easement in relation to a site is possible to ensure state interests, as well as to meet the needs of residents of municipal districts and the local population.

The procedure does not require the seizure of plots and is possible subject to a public hearing. Easements are established for movement across a certain territory for the performance of important state and municipal works;

• Transfer of land territory for free use in the form of a service allotment.

This procedure is carried out by authorized institutions in favor of their employees for the period during which the previously concluded employment contract will be valid.

Who is given the right to BP

Until 2001, anyone, including citizens and organizations, could obtain plots of land under this right. But in 2001, the RF Land Code was adopted. This code deprived private owners of the right of BP: in 2021, plots with the right of BP are given only to authorities (federal, regional, local), state and municipal institutions and enterprises. There are two reasons for this:

1. The right to property rights is a relic of the Soviet Union, where there was no private property. In that system, the right of BP became an opportunity to legally own land. But in modern Russia there is private property, and why not use it. Moreover, users of a plot of land with the right of BP have limited rights compared to the owner (for example, they do not dispose of land plots).
2. Create uniformity in the Russian system of relations regarding land. Some own plots on the right of BP, because they received it before 2001, others - on the right of ownership, since in 2002 there was no longer a BP right.

Accordingly, now citizens and organizations will be denied land plots on the basis of BP rights. But those who, before 2001, received plots on the right of BP, did not lose their rights and land plots. However, the new code made it necessary to re-register the BP’s right to ownership or lease. Ideally, by 2021, private owners should not have any plots left on the right of BP, because in 17 years you can not only re-register the plot, but also build a house there, plant a tree and raise a son. But there are still those who, for various reasons, did not re-register: problems with documents for the memory, there was no time, or they simply did not know.

My friends - a married couple - lived in the distant Moscow region (Voskresensk) and wanted to move closer to Moscow (to Zheleznodorozhny). To do this, they decided to sell their land plot and use the proceeds to buy an apartment (they couldn’t do it without a loan, but the money for the plot was also useful). They advertised and soon found a buyer. We concluded an agreement, took the money and went to Rosreestr to register ownership of the new owner. And in Rosreestr it turned out that my friends’ land was under the right of BP, which means they had no right to sell it. The contract was canceled, and the plot had to be re-registered as ownership. Only after this the plot was sold.

Economic exploitation of a land plot by a land user

The land user has the opportunity to dispose of the received plot on the basis of the right of permanent and unlimited use. In accordance with such powers, the owner has the opportunity to carry out the following types of economic activities:

• use of the territory for the organization of subsidiary farming, vegetable gardening or gardening, mining of publicly available minerals;
• exploitation of all available natural resources;
• design and construction of residential facilities, industrial and domestic buildings, which are permissible according to the intended purpose of the site;
• carrying out the necessary work and taking protective measures important to improve the quality of the soil, to preserve the natural fertile properties of the soil;
• use of the harvest, as well as income from its sale, at its own discretion.

The owner can design and erect any buildings, structures and structures on his own territory. These actions must necessarily correspond to the direct purpose of a particular site, which is established in accordance with the category, quality and condition of the soil.

In accordance with the target specialization of the territories, the distribution of various plots is carried out in accordance with the types of permitted use provided for by law. Thus, a citizen does not have the right to erect residential buildings in areas that are intended for agricultural work.

Real estate that was created by a person to satisfy his own needs is recognized as his legal property. Therefore, the owner of the territory has the right to independently dispose of this property.

If a citizen organizes the process of alienation of real estate in favor of third parties by concluding transactions, free transfer or donation, then the rights to perpetual use of the site must be re-registered. The most common options for re-registering the right to perpetual use of a land plot on an ongoing basis are concluding a land lease agreement or transferring ownership rights to other persons.

Legislation

Only land plots owned by the state or municipality can be transferred for indefinite use. The procedure for transferring the right to use these lands is regulated by the following legislative acts:

• Art. 39.4, 39.5, 39.9 of the Land Code of the Russian Federation (dated 10/25/2001 N 136-FZ (as amended on 07/03/2016) (as amended and supplemented, entered into force on 01/01/2017);
• Art. 264, 269 Civil Code of the Russian Federation;
• administrative regulations approved by decisions of regional authorities.

A dozen years ago, the laws regarding the distribution of land to the population were more lenient, but the Land Code has tightened these rules, and now individuals are not given plots of land for permanent use.

But those individuals who were able to exercise their right and receive a land plot for use indefinitely should not worry: no one will deprive them of this opportunity.

Those who love field, gardening, and gardening work are given other opportunities - to rent a plot, for example, for 49 years, or simply buy it and become the owner.

Providing office plots for free use

Service plots are a category of land that can be provided to citizens on the basis of an employment contract concluded between an employee and an employer for free use. The following types of land plots may be allocated for exploitation free of charge:

• land plots that are at the disposal of state and municipal authorities are provided on the terms stipulated by the employment contract and civil legislation;
• territories that are the property of private legal entities and individuals on the basis of relevant agreements.

Land plots that fall into the category of official plots are provided to current employees and employees of various institutions:

• organizations that operate in various sectors of the economy and transport;
• companies that operate in the forest industry;
• forestry and hunting farms;
• organizations that manage protected areas and parks are on the federal balance sheet and financed from the state budget.

Service plots are provided to employees of various institutions for the period during which the previously concluded employment contract between the employee and the employer is valid. Such lands are transferred to workers after concluding an agreement on free use. This document specifies the following responsibilities of the parties:

• the institution undertakes to provide land areas for free use to the employee;
• the employee undertakes to use the allotment in accordance with the legislative framework and, within the prescribed period, return the area to the balance sheet of the institution in proper condition.

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User Rights and Responsibilities

Memory user rights with BP rights:

• use the memory to the fullest extent, but do not break the law;
• use reservoirs (water quarries, ponds) and some common minerals (sand, clay) located on the site;
• construct buildings or structures, if this possibility is provided for in the documents for the land plot;
• engage in agriculture, if permitted;
• collect and use crops - all the fruits from working in the beds belong to the user of the memory.

Perpetual use gives the right to engage in agriculture on the plot if the law allows this activity for a specific plot

Let us remind you that the user of the land plot with the right of BP does not have the right to dispose of the site. The user cannot sell the plot, donate it, lease or rent it, mortgage it, or enter into any agreement regarding the plot. Only the owner of the site has the right to dispose.

Responsibilities of the user of the memory with the right of BP:

• use the memory in accordance with the purpose for which it is intended (lawyers call this “use for its intended purpose”); this purpose is usually stated in the documents for the land and can be different: construction of an individual residential building, agricultural work, gardening, etc., if you use the plot for other purposes or not use it, then the municipal authorities can take it away from you through the court (Art. 54 of the Land Code of the Russian Federation) or issue a fine (Article 8.8 of the Code of Administrative Offenses of the Russian Federation);
• preserve various signs: geodetic (needed for the work of surveyors, installed on behalf of government agencies), boundary signs (needed for measuring land, indicating the boundaries of plots);
• use the site safely for neighbors and without harm to the environment (for example, do not burn garbage in the yard);
• comply with fire safety rules;
• maintain the site in good condition (suitable for its intended use; for example, if it is an agricultural site, maintain the fertility of the land and prevent it from becoming overgrown with weeds);
• pay land tax on time.

Preservation of boundary signs is the responsibility of the land user

Indefinite use of a land plot - reasons for refusal and termination

If the local administration refuses to provide an allotment for use, this must be justified. In some cases, it is enough to correct some shortcomings for the land application to be approved.

Refusal without the possibility of resubmitting an application may be on the following grounds:

1. The applicant is not a citizen of the Russian Federation.
2. The applicant has not reached the age of majority.
3. The land plot claimed by the citizen was withdrawn from general circulation.
4. The allotment is not intended to be used for its intended purpose.
5. The transfer of a specific plot to citizens is not provided for under current legislation.
6. This implies the transfer of this land for rent or its participation in public auctions for the purpose of subsequent sale.

In any case, the reason for refusal must be justified in writing. If you are denied a plot, seek advice from a professional land relations lawyer. You may have to go to court to defend your rights.

Paid or gratuitous indefinite use of a land plot may be terminated. This is possible if:

• the citizen who owns the plot renounced his right of his own free will;
• This decision was made by local authorities.

In the first case, the refusal may be caused by the person’s disinterest in using the land or the inability to exercise his right for compelling reasons. However, voluntary refusal to use the site indefinitely is rare. More often, land rights are modified through privatization or redemption.

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The local administration may terminate the agreement on the use of the site unilaterally on the following grounds:

1. Significant violations of the rules for the use of land.
2. The land was not used for its intended purpose.
3. The condition of the soil has deteriorated significantly due to unlawful actions of the user.
4. The site was poisoned with chemicals, which made it impossible to improve it.
5. The user did not comply with the regime of environmental protection zones and cultural heritage sites.
6. The owner violates sanitary standards, which negatively affects the condition of the allotment.
7. A person carries out work on a site, the result of which negatively affects the ecology of the entire settlement or area.
8. Other grounds for violation of land use rules.

If the condition of the entrusted plot of land is neglected, the municipality will reconsider the possibility of providing it. As a rule, neighbors report illegal use. In response to a complaint, a special commission is created that goes to the site and checks the validity of the signal.

If violations are detected, the proceedings with the user of the allotment are referred to the judicial authorities. It is the court that makes the decision to terminate the contract of permanent unlimited use.

Land for rent without term

You can obtain a land plot for an indefinite lease by participating in an auction. To do this, the local administration publishes a tender announcement. The winner is given the land for lease without a term. As a result, he receives the right to conduct business activities not only directly on the site, but also in buildings located on it, as well as to erect new buildings.

If the plot has an agricultural purpose, then the tenant can subsequently buy it at the market price and register ownership.

A person wishing to receive land for an indefinite lease can independently select a free plot and contact the local administration with a request for its allocation. If this plot of land has not undergone land surveying, then it must be carried out. Otherwise, it will be enough to order cadastral documents, where the required area will be highlighted on a general map. Next, an application is submitted to the local government and the administration will respond within 30 days.