Procedure for registering ownership of forest lands

The only legal way to register forest fund land is by changing its category. In the regions of the Russian Federation, this is handled by a special state forestry agency, which has branches in every city. The transfer of land that is not owned by the state is carried out only by the Government of the country.

To transfer land into private ownership, you will need to collect a lot of paperwork that must be completed without a single mistake. They will undergo a three-level inspection - by local, regional and federal authorities. Often documents are returned for revision, and not even once, which is why you lose a lot of time. Their error-free registration may take approximately one year, in some cases longer.

If you take into account the complexity of paperwork and the absence of any guarantees in the final result in the case of collecting and submitting papers yourself, then it will be easier and more logical for you to rent a section of the forest belt.

How is a plot of land belonging to the forest fund rented?

A distinctive feature of concluded contracts for the lease of forestry land is their urgency. They can be rented by a private individual or organization for a period from 10 to 49 years. However, the tenant has every right to extend the contract, but only if he complied with all its clauses throughout the entire lease period.

Download the lease agreement for forest areas (sample)

On leased areas it is allowed:

  • deforestation;
  • collecting edible resources;
  • hunting;
  • beekeeping activities;
  • research by scientists;
  • growing and harvesting crops;
  • construction of temples and churches.

Typically, forest belt lands are leased to whoever wins the auction. Without participation in them, papers can only be issued to people officially involved in hunting, as well as investors.

The main responsibilities of the tenant include:

  • regular payment;
  • improvement of the site through environmental management;
  • carrying out a set of measures to restore land and water resources located on the leased territory.

The tenant is prohibited from putting forward additional demands for work that are not described in the contract.

It is most profitable to rent lands belonging to the forest fund for a long time, and then carry out permitted activities on them in order to recoup all expenses.

Forest amnesty is a guarantee of protection of property on forest lands

Plots on forest lands

The situation when a plot of land (PL) is located on forest land is not uncommon. The plot can be anything - for gardening, private household plots, private housing construction, peasant farms or for agricultural production.

Allotments and buildings registered in the Unified State Registration Register were under the radar of the forestry departments. They filed claims against the owners. Their comments related to land ownership, since these departments classified the plots or part of them as forest areas registered in the forest registry.

And they didn’t just count. Forestry departments denied:

  • land ownership
  • legality of granting land plots to citizens

carried out by municipal authorities.

Land plots were confiscated from owners through the courts. The land returned to the state forest fund, that is, to the property of the Russian Federation. There were many successful results for forestry departments.

The use of forest lands is regulated by the Forest Code of the Russian Federation. Leitmotif in the order of exploitation of forest lands:

  • protection
  • reproduction
  • use according to intended purpose

often excludes the possibility of development.

It was almost impossible to build anything on forest land. The development was associated with:

  • with obtaining permission from the forest department of the subject
  • with the development of forest development projects on forest plots provided for use or lease
  • with a complex procedure for approving forest development projects

The construction of a private house on such land provoked unpleasant consequences. The structure acquired the status of an unauthorized construction on forest lands, even if the ownership of it was registered in the Unified State Register of Real Estate. The buildings had to be demolished by court order.

The current situation was unsightly:

  • Rosleskhoz lands ended up within the boundaries of gardening partnerships and settlements
  • A lot of problems arose: both summer residents and people living in villages near forests could not build anything on the “forest” acres, and if they did, the buildings were illegal:
  • Rosreestr could not register property rights
  • Not all citizens and organizations owning plots with buildings on forest lands were aware of the fact that:
      The land plot is located within the boundaries of a forest district or forest park
  • constructed buildings and houses: considered illegal structures
  • indicate an unintentional violation of the Forest Code of the Russian Federation
  • owners of plots, who are the owners of land in the view of the Unified State Register of Real Estate, turned into violators of the law in the view of the forest registry, or rather, into hostages of the existing 2 separate systems of state registration of lands and forests
  • Real state of affairs:

    1. with forest and municipal lands
    2. with land plots provided by the authorities to citizens and legal entities for various purposes

    indicated obvious legal discrepancies in the interaction between municipalities and forestry departments.

    The problem has provoked a complete or partial overlap of forest land plans and land plans of regions, municipalities, citizens and companies. The owners of the storage unit did not immediately find out about this.

    Information:

    • about forest lands
    • about the boundaries of forest lands
    • on the imposition of boundaries of forest and private areas

    was not available to citizens.

    The situation received the official name - “double cadastral registration”. It was the result of duplication of information about the same site by different registration authorities in ways independent of each other:

    1. in the Unified State Register (formerly the Unified State Register):
        recorded information about real estate
    2. assigned the plot a unique cadastral number, which confirms the existence of real estate, and therefore property rights to the land plot (and buildings, if any)
    3. in the State Forest Register (State Forest Register):
        registered information about forest areas that were previously in the possession of agricultural organizations, without the proper requirements: to the location of the boundaries of the land plot
    4. to the contents of the boundary plan

    A significant reason for the contradictions between these registers was confusion in the legislation.

    Until 2008, the Unified State Register of Real Estate did not contain materials on land surveying of forest fund lands in the regions. Forest lands were not registered with the state cadastral register. Their borders had no coordinates. They were not displayed on the public cadastral map

    The GKN did not contain information about the area of ​​each isolated forest plot. They could not be determined as part of the forest fund areas.

    Information on the provision of forest fund plots:

    • for rent
    • for temporary use

    were not included in the State Tax Code until January 1, 2015.

    A single title document was provided to the register. It was a certificate of state ownership, obtained in 1992-1997. Land accounting was carried out in a simplified manner (without precise land surveying).

    Situations of intersections of forest areas have arisen:

    • between themselves
    • with other lands

    The boundaries of forest areas were registered inaccurately in the Unified State Register:

    • based on cartographic materials
    • according to forest management data
    • without timely updates
    • without reference to the coordinate system established for the GKN
    • without taking into account existing land management information and the state real estate cadastre

    Comparison of USRN information about plots owned by citizens and companies with data on land plots in the forest fund register turned out to be difficult or impossible.

    Owners of plots that fell under the burden of registration duplicates tried to defend their rights in numerous legal proceedings. Court decisions, as already noted, did not always prove their correctness.

    “Forest Amnesty” is a guarantee of protection of the rights of land owners

    Problems with plots on forest lands were resolved by Federal Law No. 280 of July 29, 2017. This law received the common name “forest amnesty.”

    A small incident arose with such a name, because the law, in the literal sense of an amnesty, does not grant amnesty to anyone. Its significance lies in the protection of the rights of land owners and the legitimate interests and property rights of the Russian Federation, which is the owner of forest lands.

    However, we will sometimes use the terminology “forest amnesty” in the text of the article, since it is more concise in comparison with the full name of the law 280-FZ and is easier to understand when reading and listening.

    Federal Law 280:

    • supplemented certain articles of the Forest Code of the Russian Federation
    • set a deadline until January 1, 2023: to eliminate contradictions between the information of the State Register and the Unified State Register of Real Estate
    • to harmonize the information of the State Register and the Unified State Register:
        on the boundaries of territories: OKN (cultural heritage sites)
    • specially protected natural areas
  • on restrictions on the use of forest areas:
      within the boundaries of OKN territories
  • within the boundaries of specially protected natural zones
  • Ways to achieve the goal of “forest amnesty”

    The purpose of the “forest amnesty” is to protect the rights of land owners. It is achieved through solving the main problems:

    1. elimination of conflicting information from the Unified State Register of Real Estate about areas whose boundaries intersect with forest fund lands
    2. exclusion from the Unified State Register of duplicate information about forest areas
    3. application of fundamentally new provisions, not previously provided for by law, aimed at protecting forests - to eliminate from now on the possibility of entering contradictory information into state registers

    Priority of USRN information over State Register information

    One of the provisions of the “forest amnesty” is the supremacy of USRN information about the category of land on a site over the data:

    • forest register
    • forest plan of the federal subject
    • other documents

    These materials made it possible to classify the land plots as forest lands. The owners of the land plot had a problem with proving the fact that the site does not belong to the forest fund.

    Law 280-FZ (clause 3 of Article 14) establishes that when the same land plot, according to the Unified State Register of Real Estate, refers, for example, to agricultural land allocated, say, for private plots or SNT, and according to the State Forestry Register is listed in the forest fund , priority is given to the information contained in the Unified State Register of Real Estate.

    The USRN information is recognized as reliable. The owner of a plot registered in the state real estate register will not have to prove that the plot does not belong to forest lands.

    Exceptions

    The provision of the law on the priority of USRN information is not without exceptions. Thus, the supremacy of ERGN information over SLR data does not apply to the following types of land plots (clause 1 of Article 10 of Law 280-FZ):

    • Landmarks within the boundaries of specially protected natural areas: reserves
    • reserves
    • territories of cultural heritage sites (CHN)
  • Land plots with the category “land of industry, energy, transport, communications, radio broadcasting, television, computer science, lands for space activities, defense lands, security lands or lands for other special purposes”:
      if such land plots do not have real estate objects with registered rights
  • agricultural plots, the turnover of which is regulated by Federal Law 101 of July 24, 2002), if there are facts:
      failure to use the memory for its intended purpose
  • use of memory in violation of the legislation of the Russian Federation
  • The law is completely removed from its scope on lands in specially protected natural areas and protects forests.

    In case:

    • The charger ended up in a national park or wildlife sanctuary
    • the intersection of the boundaries of land plots and forest lands was revealed

    the owner of the land plot will have to go to court. He needs to prove that the formation of ownership of the plot in the forest area was legally reliable and correct.

    Temporary cut-off points

    The law establishes a time frame for the applicability of the provision on the priority of the Unified State Register of Taxes information over the State Forestry Information at the so-called “cut-off points” that reduce the risks of the “forest amnesty”:

    • August 8, 2008:
    1. people obtained plots on forest lands legally
    2. owners of land plots have the right to count on assistance from the state
    • January 1, 2021:

    the beginning of the prevention of fraudulent activity in attempts to legitimize the transfer into private hands:

    1. forest areas
    2. forest lands in specially protected natural areas

    emerged during the preparation and discussion of the Forest Code.

    The law did not miss cases of “congress of plots” into forested areas.

    Let us consider the provisions of the “forest amnesty” in more detail.

    Retention of ownership of plots that arose before 08/08/2008

    We are not talking about any plots, but only about those for which ownership rights arose before August 8, 2008, and the plots themselves were provided for such purposes as:

    • gardening
    • horticulture
    • personal subsidiary plot
    • dacha farming
    • individual housing construction

    Such plots can be assigned a category of land that is more convenient for the owner:

    • agricultural land
    • lands of settlements

    corresponding to the type of use of the site.

    It is possible to remove a site from the forest fund lands even in cases where:

    1. in the State Register of Land Resources it is indicated that the plot is located within the boundaries of forest lands
    2. the USRN extract indicates that the category of land plots is “forest lands”

    The assignment of a new category of land to a plot is determined only by the period of emergence of the right to the land plot (the period of primary land allotment), which must be earlier than August 8, 2008, and does not depend on a number of facts:

    • from the presence of buildings on the site
    • from the presence of registered rights to buildings
    • from the category of land plot “forest fund land”, indicated: or in the cadastral passport
    • or in a title document
    • or in another document
  • from the fact that the current owner of the plot bought it or inherited it much later than August 8, 2008 - the main thing is that the first owner of the plot became its owner before the specified date
  • Note

    According to the “forest amnesty”, cadastral registration of a land plot:

    • for gardening
    • for gardening
    • for personal farming

    does not require approval of that part of the boundaries of the land plot that is located in the forest.

    Law 280-FZ for the listed areas sets the final deadline for border approval - January 1, 2023 (clause 9 of Article 10 of the law).

    Before the expiration of this period, there is no need to agree on the location of part of the boundary of the land plot on the lands of the forest district or forest park, while simultaneously meeting the following conditions:

    • the land plot was provided for these purposes before August 8, 2008 or formed from a land plot provided before August 8, 2008
    • the adjacent land plot is a forest plot

    In case:

    • the owner of the plot is clarifying the position of the boundaries of the land plot adjacent to the forest plot
    • the area of ​​the land plot exceeds by more than 10% the area indicated in the title or title documents

    The authorities of a constituent entity of the Russian Federation in the field of forest relations have the right to object to the approval of the location of the boundaries of the land plot (clause 10 of Article 10 of Law 280-FZ).

    Ownership of plots with real estate objects erected on them with the right to build that arose before January 1, 2016

    The guarantee of a “forest amnesty” in registering ownership of plots and lands under objects built on them is provided only if the following conditions are simultaneously met:

    1. the objects are not intended for forest management needs
    2. ownership rights to constructed real estate objects were registered before 01/01/2016.

    If the property:

    • on the building
    • on house
    • for another building

    registered before January 1, 2021, the owner of the property has the right to register the land plot under the object. Registration is carried out regardless of the fact that the boundaries of the land plot intersect with a forest or forest park plot (clause 2 of Article 60 of Law 280-FZ).

    To confirm ownership of a land plot, the owner of the house must:

    • submit an application to the authority that provided the loan
    • carry out land surveying
    • enter information into the Unified State Register of Real Estate: about the plot
    • on the boundaries of the land plot (materials of the boundary plan):
        drawing
    • description of the site on the cadastral plan of the territory)

    When preparing a boundary plan, the cadastral engineer makes a note about the possibility of applying the law on “forest amnesty”.

    Next, Rosreestr will produce:

    1. exclusion of land plots from the composition of forest areas: if the plot was listed in the forest register as part of the forest territory, and in the Unified State Register - as a plot of individual housing construction, private household plots, an agricultural plot, etc.)
  • will put the land plot on cadastral registration
  • will make the owner of the building a full-fledged owner of the land plot
  • registers ownership in the Unified State Register of Real Estate
  • There will be no problems with registering a plot and its boundaries in the Unified State Register of Real Estate if, when clarifying the location of the boundaries of the land plot, an intersection of the borders of the land plot with the boundaries was identified:

    • forest plot
    • forestry
    • forest park

    It is only necessary to once again emphasize that the mandatory and at the same time complied with conditions will be:

    1. the right to the plot was registered before January 1, 2021
    2. the right to the plot arose before the date of entry into the Unified State Register of Information about the boundaries of the plot

    This is established by paragraph 1 of Article 60 of Law 280-FZ.

    Preservation of ownership rights to plots that have “moved” into a forested park area

    The law considers the case when, as a result of surveying or clarifying their boundaries, it turns out that on the plan the site has “moved” - completely or partially ended up in a forested park area.

    Before the “forest amnesty,” such situations turned into insoluble problems.

    After Law 280-FZ comes into force, the method of resolving them plays in favor of the owner of the site:

    a land plot is excluded from the forest fund lands if the VRI of the site contradicts the forest park regime.

    This is established by paragraph 7 of Article 604 of Law 280-FZ.

    Return of ownership rights to lost plots and buildings through the court (this option is no longer valid)

    According to Federal Law 280, a judicial procedure was established for the recognition of rights to real estate, the ownership of which was lost due to the classification of the plots as a forest area.

    Before the adoption of the law, according to court decisions made on claims of forestry authorities, residential buildings were demolished everywhere with the eviction of residents from them, gardens, vegetable plots and summer cottages were forced to be cleared of buildings with the complete annulment of rights to them. Citizens were deprived without any compensation of their legal property rights, previously confirmed by the state.

    The introduction of the law on the return of property to lost plots and buildings became an admission by the state that it was wrong and a proposal to eliminate the injustice that had occurred through the appeal of affected property owners to the court to appeal the court decision and restore property rights. True, the deadline for filing a claim was limited - within a year from the date the law came into force, that is, it ended on July 29, 2021.

    In any case, there was such an opportunity and, probably, many were able to take advantage of it.

    conclusions

    Federal Law 280-FZ is comprehensive in terms of the provisions it introduces. Many of his short stories deserve separate consideration. These are articles relating to:

    • options for coordinating site layouts
    • mechanisms for solving the problems of citizens living in former military camps and forest settlements located in the forest fund, obliging the authorities to: deal with these territories
    • assign territories the status of full-fledged settlements
    • study:
        infrastructure development
    • ensuring normal living conditions for the population

    We can continue to continue the huge list of those pressing tasks that are reflected in the “forest amnesty.” It should be noted again that she:

    1. provides state protection of citizens' property
    2. does not allow violation of property rights
    3. reserves the corresponding land plots for their owners
    4. does not undermine public trust in government registers

    Good to know

    1. About trading directly on the farm plot - read here
    2. The new law on the construction of residential buildings on agricultural land - from March 1, 2022 - here
    3. You can get acquainted with the characteristics of agricultural land, the concept of quality score, and the mode of use of such land here
    4. The provisions of the upcoming “garage amnesty” 2021 – 2026 can be found here
    5. About the practical usefulness of the cadastral territory plan (CTP) - here
    6. Regulations for the preparation and approval of the layout of a land plot on the cadastral plan of the territory (CPT) - here
    7. Provision of public land plots from agricultural lands for farming and running private household plots - here
    8. Simplified technological connection diagram for gardeners, summer residents, legal entities, individual entrepreneurs - 2021 - read here
    9. Read about a new approach to the integrated development of settlement territories (SDT) and achieving housing comfort for citizens here
    10. “Dacha Amnesty” 2021 – 2026: new opportunities – read here
    11. How to get a plot from a municipality or state - read here

    Is it possible to formalize the assignment of rights to leased land?

    It is important to distinguish the assignment of leased land from sublease.
    If, during sublease, the tenant transfers part of the land plot for temporary use to another person, then in case of assignment, the lease right is completely transferred to third parties. Important! The law prohibits the assignment of lease rights without official approval from the lessor, that is, from a government agency.

    The government body is an interested party in the continuation of the intended use of forest belt lands, therefore it first carefully checks the potential tenant, and only then gives its consent or refusal to the right to use the site.

    Accommodation near the forest

    An increasing number of people are trying to buy real estate outside the city limits in order to be as close to nature as possible. After all, we are all part of it and therefore such unity is only beneficial. Moreover, some amateurs try to choose forest areas. You could even say that it has become a modern fashion trend.

    Only when deciding on such a choice in favor of a short-term vacation or permanent residence, you should weigh all the pros and cons. After all, even such a seemingly promising choice is fraught with certain nuances that must be taken into account in any case. This will allow you to make an informed decision or abandon such an idea altogether.

    What types of use of forest fund lands are there?

    You can use forest areas for a fee or free of charge:

    1. Free use of land is possible only after a positive decision has been made by the local and subject government in your favor. The maximum period for concluding a free use agreement is 10 years.

    The following have the right to receive forest lands for use free of charge:

    • For private individuals who carry out a certain type of activity, for example, for beekeeping, the state provides land for free use for a period of up to five years.
    • Northern peoples.
    • People representing official religions.
    • Persons working in state defense and protection of forest belts.

    Forest lands, according to the submitted application, can be obtained by interested people for the period specified in the legislation. In the absence of such a clause in the contract, the document, after prior notice, may be terminated by one of the parties.

    Paperwork for obtaining a forest belt plot must be completed accordingly. They should indicate the intended purpose of use permitted by law. It must coincide with plans for the development of forest belts in a specific region of the country. The decision is made within one month.

    It is important to take into account that forest belts cannot be transferred for free use to non-profit institutions created by private individuals for the development and construction of dachas and houses.

    1. Indefinite use of forestry lands is possible if they are allocated by local governments to budgetary institutions or to private individuals.

    An agreement for unlimited use can also be obtained by any person who wins the auction and submits an application indicating the cadastral number. A decision on such a request is made within two months.

    The cost of land at the beginning of the auction is set by the authorities and is calculated from the annual rental amount or a certain percentage of the price according to the Cadastre. Only the above-mentioned citizens who managed to submit the necessary documents, submitted an application and made an advance payment can participate in the auction.

    All papers must be submitted no later than five days before the start of trading. One person can leave one application. Based on the results of the auction, a document is drawn up, one copy of which is given to the winner. The execution of an agreement for the indefinite use of forest belt lands occurs after the end of the auction, 10 days later.

    Download the agreement for the unlimited use of a land plot (sample)

    Download the agreement for free, fixed-term use of land (sample)

    Useful tips and tricks

    • Be sure to study the legal norms necessary to contact the authorized body.
    • For citizens, it would be best to make an initial request to compile a list of documents. This will help avoid fuss and paperwork.
    • It is recommended not to build unauthorized buildings in the forest, as the administration will refuse to obtain permission to register property.
    • Do not confuse the dacha amnesty with the forest amnesty - these are different concepts. The first means that a citizen can independently deal with issues of registration of ownership of a plot. The second means that these issues are dealt with by authorized persons without the participation of interested parties.
    • It must be borne in mind that it is impossible to register the areas of cemeteries, specially protected, military and protected areas, and parks as property.
    • For each allocated forest area (not transferred), a special report must be compiled annually. Reports must be registered and stored with the local municipal authority.
    • For a selected area, it is possible to transfer from one category to another.

    IMPORTANT !!! At each stage, it is recommended to check the documentation and validity of the decisions of the authorized bodies.

    There are often cases when employees withhold certain important information or neglect their powers and legal norms. In such problematic situations, you should file a complaint with the court.

    How is the auction conducted?

    Bidding for the right to draw up an agreement for the use of forest belt lands is carried out in all cases. The exceptions are the situations described in Art. 36 and 43-45 of the Forest Code of Russia.

    The organization of the auction is carried out by government agencies or people authorized under an agreement with these government agencies. The organizer announces the auction on the appropriate Internet resource no later than one month before the start date. The advertisement must contain information about the item, its detailed characteristics, location, deadlines for accepting applications, and the initial cost of the lot.

    Important! The initial price of a plot owned by forestry is determined in accordance with Art. 73 and 76 of the Forest Code of the Russian Federation.

    The organizer develops a cadastre of the site being sold, prepares all the documentation, a lease agreement, and also determines the minimum “step” of bidding, that is, the increase in value during the auction. As a rule, the “step” does not exceed 5% of the originally quoted price.

    When submitting an application to participate in the auction, an individual must indicate personal data, and a legal entity must indicate the name and form of doing business, its legal and actual location, and bank details.

    Each participant is required to pay a deposit to participate in the auction. After paying the required amount, the payment receipt must be attached to the application. The organizer may refuse to participate in the auction if the deposit is not received, the organization is bankrupt, or the application lacks some important data.

    The auction itself is held according to a standard procedure. The initial price of the lot gradually increases by the minimum “step” of trading. The organizer must repeat each price three times. If, after pronouncing the amount for the third time, no one raises the bid, then the winner of the auction will be the participant who offered the last price. All information at the end of the auction is indicated in the protocol, which is attached to the contract. It is concluded 10 days after the auction.

    Important! All bidders who do not win an item will have their deposits returned within five days of the end of the auction.

    If there is only one participant in the auction for the lease of forest belt lands, then he automatically becomes the winner and undertakes to sign an agreement within 20 days.

    If no one agrees to purchase the lease right for the minimum specified price, then after it is announced three times, the auction is declared invalid.

    Disadvantages of living near a forested area

    We have become familiar with the advantages of such a good life, now it’s time to touch on the disadvantages of staying near the forest. Admiring spruce, birch, oak and other representatives has a beneficial effect on humans. But on the other hand, other inhabitants of the forest include animals, parasites, insects and other living creatures. This is where the main inconvenience lies:

    • Insect pests . Such a neighborhood promises various troubles, since what kind of creeping reptile would refuse such a kindly provided delicacy? Therefore, there is a need to spray the vegetation with special solutions.
    • Animals . These are another permanent inhabitants of forests, which can also cause a lot of trouble. Rodents usually wander into plantings. A tight fence without holes can save you from such neighbors.


    Rodents can visit both fields and forests

    How to purchase shelterbelt plantings?

    It is not prohibited to purchase trees and other plantings in the forest belt for felling. As a rule, a contract for this type of activity is concluded for a period of up to one year. To determine the cost, the rate per unit volume is taken and multiplied by the total number of trees cut down. For private individuals, rates are determined by the Government of the Russian Federation.

    A document confirming the purchase and sale must be signed at the end of the auction. Its conditions may be changed in the event of serious incidents on the purchased lands, as well as a change in the type of activity.

    An agreement for the purchase of forest belt plantings allows you not to overpay for rent, but to obtain land for a narrowly targeted purpose.

    Important! All contracts must be filed with Companies House. To do this, you will first need to create a cadastral plan of the territory.

    Terms of a transaction

    Transfer of forest land into ownership is impossible. But exceptions are allowed to this rule. Registration of ownership is permissible for lands that can be transferred to another category. Suburban green areas can be quite easily converted into settlement land. True, the government requires compliance with legislation that provides for their exclusive use for their intended purpose - as forest recreation areas for citizens.

    More often, burnt areas - areas after a fire, or open spaces - areas after deforestation are registered as the property. Re-registration is permissible if restoration is not planned in such treeless areas. Sometimes forest areas are interspersed with coppices that do not have woody vegetation and can be converted into agricultural land, which can be purchased or privatized.

    The main condition for provision is that the land mass has ceased to be of value to the state, and sometimes its maintenance becomes unprofitable. If an applicant for registration of a site submits a project for the development of a forest zone, which is recognized as relevant, he can count on receiving a permit.

    The grounds for recognition of the right to transfer land to another category may be:

    1. An application submitted to a government agency.
    2. Attached documents confirming the unsuitability (other reasons for unprofitability) of using the specified part of the forest. With the application of the zone development project.
    3. The decision of the Government of the Russian Federation on the transfer of land to another category, with subsequent registration of ownership.

    Sometimes, instead of ownership, it is more advisable to issue a long-term lease of a forest area for its intended use.

    Forest trees: protectors from prying eyes, winds and scorching sun

    The advantage of areas near the forest is the absence of winds, which are frequent guests of owners of open areas. At the same time, trees not only protect from the wind, but also save from the scorching sun in summer. Trees will also protect you from prying prying eyes, leaving your privacy to you.

    You can, of course, buy a plot of land and plant it with fruit seedlings, but how many years will it take before they grow and get stronger!

    Trees will protect you not only from the wind, but also from prying eyes

    Supporters of a natural style will save a lot on landscape design, which in such areas has already been created by Mother Nature herself.

    Coniferous forest

    It is worth mentioning separately about living on a site near a coniferous forest. Typically, houses in this area are valued above all else and all thanks to the special atmosphere. At the same time, it is not necessary to go deep into the most impassable thicket in search of solitude. And this is unlikely to happen for those people who have lived in the city for a long time - habit takes its toll.

    Therefore, you can settle close to the nearest infrastructure, after all, but you cannot do without certain amenities even against the backdrop of nature. But what exactly can you expect from this area? Meanwhile, such a site near the forest has its pros and cons. And this time we’ll start by listing the shortcomings.

    Disadvantages of a coniferous environment

    Such a forest neighborhood also has certain disadvantages - and above all, it is dampness. True, the humidity level here is not as high as, say, in deciduous areas. In addition, it is worth considering dripping resin and a variety of needles, which you constantly have to get rid of.

    To this it is worth adding the daily struggle with debris and young growth. You will also have to reliably block access to numerous mosquitoes using a mosquito net. When going for a walk in the forest, you need to be well prepared, namely, choose good clothes, because no matter what the hour is, you can be caught off guard by living creatures (ticks, snakes and other living creatures).

    Video description

    Despite all the disadvantages, a forest plot is more expensive.
    why so - watch the video: In addition, the area near the coniferous forest is not suitable for growing vegetables or fruits. This area has specific soil and shadows fall almost all day. All this negates the difficult garden work.

    And if you do manage to grow something, you still won’t be able to try it - many neighbors in the person of hares, badgers, squirrels and foxes will only be happy with such a “treat”. There is only one salvation from such encroachment - high and reliable fences. True, they do not always help.

    Advantages of coniferous wood

    Now something about the benefits. Only the lazy don’t know about the benefits of pine needles - there are so many books you can find! In this regard, it is not so much a house for living or recreation that is purchased as a whole sanatorium! Phytoncides have already been mentioned earlier, and here the air is also flooded with them. As a result, harmful microorganisms are under severe threat.

    Sterility practically reigns here; even in well-ventilated rooms one cannot achieve such indicators - there are no more than 300 bacteria in one cube of air! It is enough to live in this area for a week and fatigue will disappear, the nervous system will return to normal, breathing will normalize.

    Colds, stifling summer heat, strong winds - you can forget about all this once and for all. The surrounding background contributes to creating a positive mood. In addition, you won’t have to call a landscape design specialist, because nature itself has taken care of everything, except in rare cases. And where, if not in the forest, can you go for berries and mushrooms?!

    Which areas of forest belt land are not subject to transfer to private ownership?

    In accordance with paragraph 4 of Article 27 of the Land Code, paragraph 8 of Article 28 of the Federal Law, land plots that are limited for use or withdrawn from circulation are prohibited from being given to private individuals for use.

    Important! Such areas include:

    • cemetery;
    • forest areas and water resources located on them, which are protected by the state;
    • territories that belong to the RF Armed Forces;
    • a conservation or national park area of ​​a state.

    Detailed procedure

    Prepare the necessary package of documents and attach to it a full-scale technical inspection report of the land plot and calculate the possible damage to the forest fund from the desired transfer of the land plot.

    The package of documents must be accompanied by a project for the construction of an object that will be built on a specific land plot. Please note that the project must comply with the planning schemes that are established in the area and agreed with the department of urban planning and architecture.

    The prepared package of documents is also supplemented with a formalized decision of the state environmental assessment with a positive verdict on the possibility of re-registration of the forest fund land plot into another category.

    Then add an extract from the Unified State Register of Real Estate, which certifies the legality of obtaining ownership of a plot of land from the forest fund.

    How to register

    The transfer of forest land is carried out only after a detailed examination by government agencies, so you must first obtain a document confirming its conduct.

    The Government of the Russian Federation applies to the Ministry of Natural Resources with a proposal to transfer land from one fund to another, and the Ministry, in turn, works with a petition. Therefore, the petition is sent to the minister along with a package of documents.

    Please note! A package of documents that must be attached to the application:

    • application for transfer of forest land to another category of a specific plot of land;
    • a copy of a document that confirms the citizen’s identity and an extract from the Unified State Register of Legal Entities;
    • a document identifying the owners of this land plot (certificate from the Unified State Register of Real Estate);
    • cadastral plan of a plot of land, which is created on the basis of forest structure indicators. Moreover, it must include a list of all structures and structures that were erected on the plot of land;
    • act on the selection of a plot of land from a forest area;
    • a decision on the act of selection, which was made by a special body of the Federation for forest management;
    • calculation of the damage that forestry will suffer when the site is re-registered from the forest fund to the land fund intended for residential construction;
    • design of a structure that is planned to be erected on a plot of land. Moreover, the project is coordinated with representatives of the department of architecture and urban planning;
    • documentary evidence that the geodetic work carried out and the search for minerals did not lead to anything;
    • if useful resources have been discovered on a piece of land, permission to develop them must be obtained;
    • documentary evidence that environmental assessment authorities allow the transfer of the land plot. This proves the fact that reducing the vegetation on this piece of land will not cause harm to the environment;
    • a draft resolution of the Government of the Russian Federation on the re-registration of a plot of land from the forest fund into the category of forest land intended for residential construction;
    • and other documents that may be necessary in each specific case for the category of land plots into which the re-registration is taking place.

    ATTENTION! Look at the completed sample application for transfer of land from one category to another:

    Attention! Our qualified lawyers will assist you free of charge and around the clock on any issues. Find out more here.

    Rating
    ( 1 rating, average 5 out of 5 )
    Did you like the article? Share with friends:
    For any suggestions regarding the site: [email protected]
    Для любых предложений по сайту: [email protected]