The procedure for the gratuitous transfer of a federal plot of land into municipal ownership or into the ownership of a constituent entity of the Russian Federation

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Agreement for free use of land

(date of conclusion of the agreement - in words) (place of conclusion of the agreement)

We, (full full name of the citizen, date of birth, type and details of the identity document), issued (date of issue, name of the authority that issued the identity document), residing at the address (address of permanent place residence or primary residence), hereinafter referred to as the “Lender”, represented by (if the agreement is concluded by a representative of the Lender, then it is necessary to indicate the above information about the citizen), acting on the basis (type and details of the document - grounds , for example, power of attorney, trust management agreement) on the one hand, and (full full name of the citizen, date of birth, type and details of the identity document), issued (date of issue, name of the authority that issued the identity document) , residing at the address (address of permanent residence or primary residence), hereinafter referred to as the “Borrower”, represented by (if the agreement is concluded by a representative of the Borrower, then it is necessary to indicate the above information about the citizen), the current ( -s) on the basis (type and details of the basis document, for example, power of attorney, trust management agreement) on the other side (hereinafter referred to as the parties), have concluded this agreement as follows:

SUBJECT OF THE AGREEMENT

1.1. The Lender provides free of charge, and the Borrower accepts for free, fixed-term use, a land plot of land (land category) with cadastral No. _________, located at the address (subject of the Russian Federation, locality, street) (hereinafter referred to as the land plot), intended for use for the purposes of ( type of permitted use, for example, individual housing construction, personal farming, etc.), within the boundaries specified in the cadastral map (plan) of the land plot, attached to this agreement and being an integral part of it, total area (sq.m.) ., ha).

1.2. There are no buildings, structures or structures on the land plot.

1.3. At the time of the agreement, the land plot belongs to the Lender on the right of ownership on the basis of (name of the title document and its details) issued (date of issue and name of the authority that issued the document).

The Lender's ownership of the land plot was registered (date of registration) in (name of the justice institution carrying out state registration of rights to real estate and transactions with it), for which a certificate of state registration of ownership No. _______ was issued.

LAND ENCUMBRANCES

2.1. The land plot is not encumbered with easements (or is encumbered with the following easements:

• public easement established for (type of limited use of the site) in accordance with (regulatory legal act that established the easement) for a period of ____;
• private easement established for (type of limited use of the site) in accordance with (agreement of adjacent land users, court decision) for a period of ____.

2.2. The land plot is not subject to other property and liability rights of third parties (or the following rights of third parties are subject to:

• rights of the mortgagee in connection with the transfer of a land plot (part of a land plot) as collateral on the basis of a mortgage agreement (details of a land plot mortgage agreement);
• rights of the tenant in connection with the transfer of a land plot (part of a land plot) for rent on the basis of (an agreement, a decision of an executive body of state power or a local government body) (details of the agreement, a decision of an executive body of state power or a local government body).

2.3. The boundaries of lands encumbered with the rights of third parties specified in clauses 2.1-2.2 of the agreement, as well as the content of these rights, are indicated on the cadastral map (plan) of the land plot attached to the agreement.

2.4. Encumbrances on the land plot established before the conclusion of this agreement are retained until their termination in the manner established by the legislation of the Russian Federation and the relevant agreements.

2.5. The borrower agreed to accept the land plot encumbered with the rights of third parties specified in clauses 2.1-2.2 of this agreement.

RESTRICTIONS ON THE USE OF THE SITE

3.1. The land plot is not subject to restrictions on use (or the following restrictions on use apply:

(in connection with the establishment of special conditions for the use of a land plot and the regime of economic activity in security, sanitary protection zones), established on the basis of (an act of an executive body of state power, an act of a local government body, a court decision) for a period of _____ (or indefinitely);

(in connection with the establishment of special conditions for environmental protection, including flora and fauna, natural, historical and cultural monuments, archaeological sites, preservation of fertile soil, natural habitat, migration routes of wild animals) established on the basis of (an act of the executive body state power, act of local government, court decision) for a period of ___ (or indefinitely);

(other restrictions on the use of land).

3.2. Restrictions on the use of a land plot, established for a certain period, remain in place until they are terminated in the manner established by the legislation of the Russian Federation.

3.3. The borrower agreed to accept the land plot, taking into account the restrictions on its use specified in clause 3.1 of this agreement.

3.4. The Lender notified the Borrower, and the Borrower took note, that there are no land or other property disputes regarding the Plot, which is the subject of the agreement.

3.5. The Lender notified the Borrower, and the Borrower took note that the land plot is not under arrest (prohibition).

TERM OF THE AGREEMENT

4.1. Contract duration: from ______ 20__ to ______ 20__

4.2. If the Borrower continues to use the land plot after the expiration of the period specified in clause 4.1 of the agreement, in the absence of objections from the Lender, the agreement is considered renewed on the same terms for an indefinite period. In this case, each of the Parties has the right to withdraw from the agreement at any time, notifying the other party one month (by agreement of the parties, a different period may be established) before the intended refusal.

4.3. If there is no intention to extend the agreement after the expiration of the period specified in clause 4.1 of the agreement, each of the Parties is obliged to notify the other party about this no later than three months before the expiration of the agreement in writing.

ADDITIONAL TERMS

………………………………….

RIGHTS AND OBLIGATIONS OF THE PARTIES

6.1. The lender has the right:

• access to the territory of the land plot for the purpose of monitoring its use and compliance by the Borrower with the terms of the agreement and the requirements of environmental legislation of the Russian Federation;
• suspend “the work carried out by the Borrower on the Site in violation of the terms of the agreement and the requirements of the environmental legislation of the Russian Federation; demand compensation for losses caused by deterioration in the quality of land as a result of the Borrower’s economic activities;
• demand early termination of the contract in the cases and in the manner provided for in Section 7 of the contract.

6.2. The lender is obliged:

• transfer the land plot to the Borrower in a condition suitable for its use in accordance with its intended purpose and permitted use;
• transfer the land plot into the actual possession and use of the Borrower and sign the transfer deed within ______ days from the date of signing the agreement (or another period) (do not shy away from signing the document on the transfer of the land plot);
• compensate the Borrower for losses associated with (transfer to the Borrower a land plot unsuitable for use in accordance with its intended purpose and permitted use; evasion from signing the transfer deed, etc.);
• not to interfere with the economic activities of the Borrower if it does not contradict the terms of the agreement and the requirements of the environmental legislation of the Russian Federation;
• not to use or grant rights to third parties to use mineral and water resources located on the Site;
• upon expiration of the contract, reimburse in full (partially) the costs incurred by the Borrower for developing land, improving the quality of agricultural land, and eliminating deficiencies in the land plot discovered during its use (the agreement of the parties may provide otherwise).

6.3. The borrower has the right:

• ownership of crops and plantings of agricultural crops, received agricultural products and income from their sale;
• use for your own needs the common mineral resources available on the site, fresh groundwater, as well as closed reservoirs;
• erect residential, industrial, cultural, community and other buildings, structures, structures in accordance with the intended purpose of the land plot and its permitted use and compliance with the requirements of town planning regulations, construction, environmental, sanitary and hygienic, fire safety and other rules and regulations (by agreement of the parties may be otherwise provided);
• carry out irrigation, drainage, cultural and technical and other reclamation works in accordance with the permitted use, build ponds and other closed reservoirs in accordance with the environmental, construction, sanitary and hygienic and other special requirements established by the legislation of the Russian Federation (another agreement may be provided by the parties);
• upon discovery of defects in the land plot, about which the Lender did not warn him when concluding the agreement, either intentionally or through gross negligence, at his own discretion: a) eliminating the defects of the land plot free of charge; b) reimbursement of their expenses for eliminating deficiencies in the land plot; c) early termination of the contract and compensation for actual damage incurred;
• at any time cancel the agreement (concluded with a specified period), notifying the Lender one month in advance (a different period may be established by agreement of the parties);
• demand early termination of the contract in the cases and in the manner provided for in Section 7 of the contract.

6.4. The borrower is obliged:

• maintain the land plot in a condition suitable for its use in accordance with its intended purpose and bear all expenses for its maintenance (the agreement of the parties may provide otherwise, for example, that these expenses are borne by the Lender or the Parties in equal shares);
• use the land plot in accordance with its intended purpose, belonging to one or another category of land, permitted use in ways that should not harm the environment, including the earth as a natural object;
• preserve boundary, geodetic and other special signs installed on the Site; carry out measures to protect land, observe the procedure for using forests, water and other natural objects;
• prevent contamination and littering of the land;
• begin to use the land plot for the purposes for which it was provided within (months, years) from the moment (provision of the land plot on the basis of a transfer deed; signing of an agreement). The specified period excludes the time required for the development of the land plot, as well as the time during which the land plot could not be used for its intended purpose due to natural disasters or other circumstances precluding such use;
• not interfere with the Lender’s access to the territory of the land plot in order to control its use;
• after the expiration of the contract, bring the land plot into a condition suitable for its further use in accordance with its intended purpose and permitted use and transfer it to the Lender on the basis of a transfer deed.

6.5. The rights and obligations of the parties not provided for by this agreement are determined in accordance with the legislation of the Russian Federation and the constituent entities of the Russian Federation.

CHANGE AND TERMINATION OF THE AGREEMENT

7.1. Changes and (or) additions to the agreement are drawn up by the Parties in writing.

7.2. The Agreement may be terminated (terminated) early at the initiative of one of the Parties after sending a proposal for termination to the other Party. In case of refusal to terminate, or failure to receive a response within the period __________, the interested Party has the right to submit a demand for termination of the contract to the court.

7.3. Termination of the contract is formalized in writing by concluding an agreement, including the grounds for termination of the contract. Obligations under the contract terminate from the moment the said agreement is concluded or from the moment the court decision to terminate the contract enters into legal force.

7.4. The Agreement may be terminated (terminated) early at the initiative of the Lender in the manner provided for in clause 7.3 in cases where the Borrower:

• uses the land plot not in accordance with its intended purpose or the terms of the agreement;
• does not fulfill responsibilities for maintaining the land plot and maintaining the land plot in a condition suitable for its use in accordance with its intended purpose;
• significantly worsens the condition of the land plot; uses the land in ways that lead to its damage;
• does not eliminate intentional poisoning, pollution, damage or destruction of the fertile soil layer;
• does not use the land plot in accordance with the purpose for which it was provided for ____ years;

7.5. The Agreement may be terminated (terminated) early at the initiative of the Borrower in cases where:

• in the process of carrying out economic activities, shortcomings of the land plot were discovered that made its normal use impossible or burdensome, the presence of which the Borrower did not know and could not know at the time of concluding the agreement (for example, extensive deposits of construction and household waste);
• the land plot turned out to be unsuitable for use in accordance with the terms of the agreement and intended purpose due to force majeure (flood, earthquake, etc.) and other circumstances that occurred through no fault of the Borrower;
• The Lender did not warn the Borrower about the rights of third parties to the land plot, which the Lender could not have been unaware of at the time of concluding the agreement;
• The lender provided deliberately false information about the encumbrances of the land plot, restrictions on its use, development permission, and quality properties of the land.

RESPONSIBILITY OF THE PARTIES

8.1. The parties are responsible for failure to fulfill or improper fulfillment of the terms of the agreement in accordance with the legislation of the Russian Federation.

8.2. The liability of the parties for violation of obligations under the contract caused by force majeure circumstances is regulated by the legislation of the Russian Federation.

8.3. Disputes arising during the execution of the contract are resolved by agreement between the parties. If it is impossible to reach an agreement between the parties, the disputes that arise are resolved in court (arbitration court) in accordance with the legislation of the Russian Federation.

FINAL PROVISIONS

9.1. The actual transfer of the land plot and taking possession are carried out on the basis of a transfer deed. The transfer deed is signed by the parties within ______ days from the date of signing the agreement (from the date of notarization of the agreement, state registration of the agreement, etc. by agreement of the parties).

9.2. The agreement is subject (not subject) to notarization (at the request of the parties).

9.3. The agreement is drawn up in ____ copies having equal legal force, one of which is kept in the files of (notary, judicial institution for state registration of rights to real estate and transactions with it) at ______, one - with the Lender, one - with the Borrower.

9.4. The costs associated with the execution of the agreement are borne by the Borrower (Lender, parties in equal shares).

ADDRESSES, BANK DETAILS OF THE PARTIES

Lender: _________________________________

Borrower: ___________________________________

SIGNATURES OF THE PARTIES

Lender (signature, full name) “___” ___________ 20___

Borrower (signature, full name) “___” ___________ 20___

ATTACHMENTS TO THE CONTRACT

Attached to the agreement:

• cadastral map (plan) of the land plot;
• copies of lease agreements, gratuitous fixed-term use, mortgage agreements concluded by the Lender with third parties on the subject of the agreement;
• power of attorney of the person authorized by the Lender to act on his behalf when concluding the agreement (attached if the agreement is signed by a person authorized by the Lender);
• power of attorney of the person authorized by the Borrower to act on his behalf when concluding the agreement (attached if the agreement is signed by a person authorized by the Borrower).

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What is a deal?

An agreement for the free use of a land plot is the provision by the owner of a certain territory for its storage by another individual or legal entity. By agreement, this person has the right to use the land as he needs. At the same time, since the agreement itself is not compensated and is of a non-property nature, many make mistakes when drawing up documents, and this, in turn, leads to the transaction being declared illegal.

To ensure that neither the owner nor the other party has any troubles with the state in the future, the transaction must be recorded in writing and state registration must be carried out. All additional conditions, amendments and other annexes must also be properly executed and attached to the main agreement. Without all this documentation, neither party will be able to protect their rights or demand the fulfillment of any obligations. Therefore, it is also very important to include as many specific conditions as possible in the text of the document and indicate the consequences of their violation.

Despite the fact that an agreement for the gratuitous use of a land plot is considered not to bring profit to the owner, since payment for use is not withdrawn, this is a legal transaction that must be formalized according to general requirements.

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Obligations of the recipient of land free of charge

During the period of free use of the land plot, the recipient is obliged to:

1. use the land according to its intended purpose, in accordance with the category;
2. observe the integrity of the territory, geodetic marks and signs;
3. pay the costs of ongoing maintenance of the site;
4. carry out work on economic activities, in compliance with environmental measures and environmental safety of the contract object (land) and adjacent territories;
5. observe fire, sanitary and epidemiological safety measures on land transferred for use under the agreement;
6. prevent disruption of the water balance at the facility;
7. adhere to the terms of development of the site, which are specified in the contract;
8. strictly adhere to urban development regulations, comply with the developer’s standards, observe work technologies that are safe for the environment and people during the validity of the contract;
9. prevent soil depletion and destruction;
10. do not pollute the territory with hazardous and environmentally harmful production products (radiation waste, oils, fuels and lubricants);
11. comply with the Land Code and federal legislation.

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What is free use of land?

The basic rules for drawing up agreements for the free use of land are contained in Art.
689-701 Civil Code of the Russian Federation. The essence of contracts of this type is that the owner of the land transfers it free of charge to the user (individual or legal entity) for a specific period, after which the user returns the plot in the same condition as it was on the date of signing the contract. The death of any of the parties, as well as the liquidation of a legal entity, is a sufficient basis for early termination of the contract. If the owner of the plot dies, the heirs assume responsibilities under the contract. If the liquidated entity has a legal successor, then the obligations under the agreement pass to him.

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Important point

Urgent gratuitous use is carried out in accordance with the decision of the authorized executive state or municipal body endowed with the relevant competence, in accordance with Art. 9-11 ZK. The legislation establishes a deadline for the provision of plots. Free-term use of land plots is carried out for no more than a year. In the case of the provision of plots owned by organizations or citizens, the period is determined by the terms of the contract. For example, the use of a service area is carried out during the period during which the employment contract is valid.