How to obtain undelimited land plots in the Moscow region without bidding

How to obtain undelimited land plots in the Moscow region without bidding

All land in the Russian Federation that is state and municipal property is provided through auction, with the exception of certain cases. The conditions under which such land plots can be provided without an auction are regulated by the Land Code of the Russian Federation. Read about who has the right to provide land of undelimited state and municipal property for rent or ownership without holding a tender in the Moscow region and what must be attached to the application for this service in the material of the mosreg.ru portal.

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What is an undelimited land plot?

Aerial photography of lands

Source: , pixabay.com

All land in the Moscow region, as throughout the Russian Federation, is determined by the form of ownership as demarcated and undemarcated. Demarcated land is land that is owned: privately, federally, federally or municipally. Undemarcated land is land for which there are no title documents.

Land is considered undemarcated (state) until rights to it arise and are registered. The disposal of land plots of undelimited property is determined by land legislation.

The powers to dispose of state-owned undemarcated land have been transferred to the level of local governments, and, consequently, the provision of corresponding services to residents of the region. In the Moscow region, this activity is regulated by the laws “On the redistribution of powers between municipal bodies of the Moscow region and state authorities of the Moscow region” and “On the vesting of local government bodies of municipalities of the Moscow region with certain state powers of the Moscow region in the field of land relations.”

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Recipients of the service

Source: RIAMO, Alexander Manzyuk

The public service for the provision of lands of undelimited state and municipal property for rent and ownership without tendering is provided to individuals, legal entities, as well as individual entrepreneurs. However, according to Articles 39.3 and 39.6 of the Land Code of the Russian Federation, the right to receive land without bidding arises only if a certain number of conditions are met.

Thus, Article 39.3 of the Land Code establishes the conditions under which the sale of such lands can be carried out, as well as a list of persons who can act as buyers. In particular, the sale of:

• land plots on which buildings and structures are located - to the owners of such buildings, structures or premises in them in cases provided for in Article 39.20 of the Land Code (that is, if there is a house on a plot of undemarcated state property, the rights to which are registered, the owner of the house can apply for land ownership);
• land plots for citizens for individual housing construction, running personal subsidiary plots within the boundaries of a populated area, gardening, dacha farming, citizens or peasant (farm) farms for the peasant (farm) farm to carry out its activities in accordance with Article 39.18 of the Land Code;
• land plots for a peasant (farm) enterprise or agricultural organization in cases established by the Federal Law “On the Turnover of Agricultural Land”.

Article 39.6 of the Land Code of the Russian Federation defines cases when undelimited lands are leased without bidding. In particular, the following are provided without bidding:

a land plot formed from a land plot provided to a non-profit organization created by citizens for gardening, horticulture, summer cottage farming, with the exception of land plots classified as public property - to members of this non-profit organization;

• the land plot on which unfinished construction objects are located, once to complete their construction - to the owners of unfinished construction objects in the cases provided for in paragraph 5 of Article 39.6 of the Land Code;
• land plots - to citizens who have the right to their priority or extraordinary acquisition in accordance with federal laws and the laws of the constituent entities of the Russian Federation;
• a land plot in replacement of a land plot provided to a citizen or legal entity on a lease basis and seized for state or municipal needs;
• land plot - to a person who, in accordance with the Land Code, has the right to acquire ownership of a land plot that is in state or municipal ownership, without holding a tender, including free of charge, if such a land plot is reserved for state or municipal needs or is limited in circulation ;
• a plot of land - to a citizen for haymaking, grazing farm animals, and gardening;
• a plot of land located outside the boundaries of a populated area - to a citizen for running a personal subsidiary plot;
• a plot of land necessary to carry out the activities provided for in the concession agreement - to the person with whom such an agreement was concluded (for example, for investment projects).

Comprehensive lists of cases of sale of plots of undemarcated state property or their provision for lease are contained in the Land Code of the Russian Federation.

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How to make an application

Laptop

Source: Ministry of Energy of the Moscow Region

The easiest way to apply for a service is through your personal account on the regional government services portal, where you need to fill out a ready-made form. The submission of this application is equally provided for both in the case of renting land plots and in the case of granting them ownership.

In this case, legal entities must provide the following information:

• information about the USRN;
• TIN;
• name of company;
• organization address;
• organizational and legal form.

Individuals must provide the following information:

• FULL NAME;
• passport details;
• SNILS;
• Contact details.

Both individuals and legal entities must indicate in the application the cadastral number of the plot that is required to be provided for ownership or lease, the lease term, the address and area of ​​the plot, and also indicate the purpose of the request.

If the land plot is not formed, that is, it does not have boundaries and a cadastral number, you must first apply for. As a result of this service, the boundaries of the site and the type of right to it are determined. This is important because in the event that the requested lands cannot be provided for ownership for one or another objective reason, the applicant will be offered an alternative - renting a plot.

Find out how to register real estate in the Moscow region>>

Where to apply

House layout

Source: Ministry of Property Relations of the Moscow Region

The most convenient and fastest way to submit an application is to apply through the RPGU, since it allows you to avoid going through the structures and makes it possible to track the entire process through your personal account.

For this purpose, you first need to register a personal account and obtain registration in the electronic system of unified identification and authentication.

You can submit an application by filling out the form in your personal account on the government services portal and attaching electronic samples of documents (without digital signature) to it. You will need to receive the result of the service at the MFC, where you will need to present the original documents for verification.

As a result of the provision of the service, the applicant will receive a land lease agreement or a land purchase and sale agreement.

Read about the Moscow Region MFC: types of services for citizens and entrepreneurs>>

Terms of service provision

Documents, signing

Source: RIAMO, Anastasia Osipova

The period for consideration of the application is from 8 to 50 working days, depending on the need to publish about the upcoming provision of a land plot and consider the issue at the Interdepartmental Commission on Land and Property Relations in the Moscow Region and the Urban Planning Council of the Moscow Region.

Information about the result of consideration of the application will be sent to the applicant’s personal account on the public services portal. The original purchase and sale agreement or lease agreement with the signature of an authorized official and the administration seal can be obtained from the MFC.

Information about the readiness of results is also provided via a single telephone number.

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Grounds for granting ownership of land plots for a fee without bidding (Clause 2 of Article 39.3 of the Land Code of the Russian Federation)

The following are sold without bidding:

1) land plots formed from a land plot leased for the comprehensive development of the territory to a person with whom, in accordance with the Town Planning Code of the Russian Federation, an agreement on the comprehensive development of the territory was concluded, unless otherwise provided by subparagraphs 2 and this paragraph;

1.1) land plots formed from a land plot provided under a lease agreement or a free use agreement for the purpose of comprehensive development of the territory, concluded in accordance with Federal Law of July 24, 2008 N 161-FZ “On promoting the development of housing construction”;

2) land plots formed from a land plot provided to a non-profit organization created by citizens for the integrated development of the territory for the purpose of individual housing construction (with the exception of land plots classified as public property), members of this non-profit organization or, if provided for by a decision of the general meetings of members of this non-profit organization, this non-profit organization;

3) land plots formed from a land plot provided to a horticultural or vegetable farming non-profit partnership, with the exception of general purpose land plots, to members of such a partnership;

4) land plots formed as a result of the division of a land plot provided to a non-profit organization created by citizens for the integrated development of the territory for the purpose of individual housing construction and related to public property of this non-profit organization;

5) no longer in force on January 1, 2021.

6) land plots on which buildings, structures are located, to the owners of such buildings, structures or premises in them in cases provided for in Article 39.20 of this Code;

7) land plots in permanent (perpetual) use of legal entities, specified legal entities, with the exception of persons specified in paragraph 2 of Article 39.9 of this Code;

land plots for a peasant (farm) enterprise or agricultural organization in cases established by the Federal Law “On the Turnover of Agricultural Land”;

9) land plots intended for agricultural production and leased to a citizen or legal entity, this citizen or this legal entity after three years from the date of concluding a lease agreement with this citizen or this legal entity or transferring rights and obligations under a land lease agreement plot to this citizen or this legal entity, provided that the authorized body does not have information about violations of the legislation of the Russian Federation identified within the framework of state land supervision and unresolved violations of the legislation of the Russian Federation when using such a land plot in the event that this citizen or this legal entity applies for the conclusion of a purchase and sale agreement for such the land plot was submitted without holding a tender before the expiration date of the specified land lease agreement;

10) land plots for citizens for individual housing construction, personal subsidiary farming within the boundaries of a populated area, gardening, for citizens or peasant (farm) farms for the peasant (farm) farm to carry out its activities in accordance with Article 39.18 of this Code;

11) land plots to citizens in accordance with the Federal Law “On the specifics of providing citizens with land plots that are in state or municipal ownership and located on the territories of the constituent entities of the Russian Federation that are part of the Far Eastern Federal District, and on amendments to certain legislative acts of the Russian Federation” .

Grounds for providing land plots of ownership free of charge without bidding (Article 39.5 of the Land Code of the Russian Federation)

The provision of a land plot in state or municipal ownership to a citizen or legal entity free of charge on the basis of a decision of the authorized body is carried out in the case of provision of:

1) a plot of land formed within the boundaries of a built-up area in respect of which an agreement on its development has been concluded, to the person with whom this agreement has been concluded;

2) a land plot of a religious organization that owns buildings or structures for religious or charitable purposes located on such a land plot;

3) a land plot formed in accordance with the territory surveying project and being a general purpose land plot located within the boundaries of the territory where citizens conduct gardening or vegetable gardening for their own needs, into common shared ownership of persons who are the owners of land plots located within the boundaries of such territory, in proportion the area of ​​these plots;

4) a land plot to a citizen after five years from the date of provision of the land plot to him for free use in accordance with subparagraph 6 of paragraph 2 of Article 39.10 of this Code, provided that this citizen used such a land plot during the specified period in accordance with the established permitted use;

5) a land plot to a citizen after five years from the date of provision of the land plot to him for free use in accordance with subparagraph 7 of paragraph 2 of Article 39.10 of this Code, provided that this citizen used such a land plot during the specified period in accordance with the established permitted use and worked at the main place of work in the municipality and in the specialty, which are determined by the law of the constituent entity of the Russian Federation;

6) a plot of land for citizens with three or more children, in the case and in the manner established by the state authorities of the constituent entities of the Russian Federation. State authorities of the constituent entities of the Russian Federation may require that such citizens must be registered as those in need of residential premises or that such citizens have grounds for registering them, and also establish the possibility of providing such citizens, with their consent, with other social support measures to provide residential premises in exchange for providing them with a plot of land free of charge;

7) a plot of land not otherwise specified in subparagraph 6 of this article to certain categories of citizens and (or) non-profit organizations created by citizens, in cases provided for by federal laws, to certain categories of citizens in cases provided for by the laws of the constituent entities of the Russian Federation;

a plot of land provided to a religious organization on the right of permanent (indefinite) use and intended for agricultural production, to this organization in cases provided for by the laws of the constituent entities of the Russian Federation;

9) a land plot to a citizen in accordance with the Federal Law “On the specifics of providing citizens with land plots that are in state or municipal ownership and located on the territories of the constituent entities of the Russian Federation that are part of the Far Eastern Federal District, and on amendments to certain legislative acts of the Russian Federation” ;

10) a land plot in accordance with Federal Law of July 24, 2008 N 161-FZ “On promoting the development of housing construction”;

11) a land plot included within the boundaries of the territory of an innovative scientific and technological center, a fund created in accordance with the Federal Law “On innovative scientific and technological centers and on amendments to certain legislative acts of the Russian Federation.”

Grounds for providing land plots for rent without bidding (clause 2 of article 39.6 of the Land Code of the Russian Federation)

A lease agreement for a land plot in state or municipal ownership is concluded without holding a tender if:

1) a land plot for legal entities in accordance with the decree or order of the President of the Russian Federation;

2) a land plot for legal entities in accordance with the order of the Government of the Russian Federation for the placement of social and cultural facilities, the implementation of large-scale investment projects, provided that these objects and investment projects comply with the criteria established by the Government of the Russian Federation;

3) a plot of land for legal entities in accordance with the order of the highest official of a constituent entity of the Russian Federation for the placement of social, cultural and public utility facilities, the implementation of large-scale investment projects, provided that these objects and investment projects comply with the criteria established by the laws of the constituent entities of the Russian Federation;

3.1) land plot to legal entities who have accepted the obligation to complete construction of unfinished construction projects and fulfill the developer’s obligations to citizens whose funds were raised for the construction of apartment buildings and whose rights were violated, who are included in the register of affected citizens in accordance with Federal Law dated 30 December 2004 N 214-FZ “On participation in shared construction of apartment buildings and other real estate and on amendments to certain legislative acts of the Russian Federation”, upon completion of the construction of apartment buildings and (or) other real estate, information about which is included in a single a register of problematic objects in accordance with the specified Federal Law, for the construction (creation) of apartment buildings and (or) residential buildings of blocked development, consisting of three or more blocks, in accordance with the order of the highest official of the constituent entity of the Russian Federation;

4) a land plot to fulfill the international obligations of the Russian Federation, as well as to legal entities for the placement of facilities intended to provide electricity, heat, gas and water supply, sewerage, communications, oil pipelines, objects of federal, regional or local significance;

5) a land plot formed from a land plot in state or municipal ownership, including one provided for the integrated development of the territory, to the person with whom the lease agreement for such a land plot was concluded, unless otherwise provided by subparagraphs 6 and this paragraph, paragraph 5 Article 46 of this Code;

6) a land plot formed from a land plot provided to a non-profit organization created by citizens for the integrated development of the territory for the purpose of individual housing construction, with the exception of land plots classified as common property, to members of this non-profit organization or, if provided for by a decision of the general meeting members of this non-profit organization, this non-profit organization;

7) a garden or vegetable plot of land formed from a plot of land provided to a horticultural or vegetable gardening non-profit partnership, with the exception of general purpose land plots, to members of such a partnership;

a land plot limited in circulation, which is a general-purpose land plot located within the boundaries of the territory where citizens conduct gardening or vegetable gardening for their own needs, citizens who are the legal holders of garden or vegetable plots of land within the boundaries of such a territory with a plurality of persons on the side of the tenant (if necessary the provision of the specified land plot to such citizens is provided for by a decision of the general meeting of members of a horticultural or truck farming non-profit partnership that manages public property within the boundaries of such territory);

8.1) a land plot formed as a result of the division of a land plot limited in circulation, provided to a legal entity for the integrated development of the territory for the purpose of individual housing construction and being a general purpose land plot, to such a legal entity;

9) the land plot on which buildings, structures are located, to the owners of buildings, structures, premises in them and (or) persons to whom these real estate objects are provided with the right of economic management or, in the cases provided for in Article 39.20 of this Code, with the right of operational management;

10) the land plot on which unfinished construction objects are located, once to complete their construction to the owners of unfinished construction objects in the cases provided for in paragraph 5 of this article;

11) a land plot in permanent (perpetual) use of legal entities, to these land users, with the exception of legal entities specified in paragraph 2 of Article 39.9 of this Code;

12) a plot of land for a peasant (farm) enterprise or agricultural organization in cases established by the Federal Law “On the Turnover of Agricultural Land”;

13) a plot of land formed within the boundaries of a built-up area, to a person with whom an agreement on the development of the built-up area was concluded;

13.1) a plot of land for the development of the territory for the purpose of constructing standard housing or for the integrated development of the territory for the purpose of constructing standard housing to a legal entity that has entered into an agreement on the development of the territory for the purpose of constructing standard housing or an agreement on the integrated development of the territory for the purpose of constructing standard housing;

13.2) a plot of land withdrawn for municipal needs for the purpose of comprehensive development of the territory, another plot of land located within the boundaries of the territory in respect of which a decision was made on its comprehensive development on the initiative of a local government body, to a person who has entered into an agreement on the comprehensive development of the territory on the initiative of the body local government based on the results of an auction for the right to conclude this agreement in accordance with the Town Planning Code of the Russian Federation;

13.3) a land plot for the construction of communal, transport, social infrastructure facilities to a person who has entered into an agreement on the integrated development of the territory in accordance with Article 46.9 of the Town Planning Code of the Russian Federation;

14) a land plot for citizens who have the right to priority or extraordinary acquisition of land plots in accordance with federal laws, laws of constituent entities of the Russian Federation;

15) a plot of land for citizens for individual housing construction, personal subsidiary farming within the boundaries of a populated area, gardening, for citizens and peasant (farm) farms for the peasant (farm) farm to carry out its activities in accordance with Article 39.18 of this Code;

16) a land plot in replacement of a land plot provided to a citizen or legal entity on a lease basis and seized for state or municipal needs;

17) land plot to religious organizations, Cossack societies included in the state register of Cossack societies in the Russian Federation (hereinafter referred to as Cossack societies), for agricultural production, preservation and development of the traditional way of life and management of Cossack societies in the territory determined in accordance with the laws of the constituent entities Russian Federation;

18) a land plot to a person who, in accordance with this Code, has the right to acquire ownership of a land plot that is in state or municipal ownership, without holding a tender, including free of charge, if such a land plot is reserved for state or municipal needs or is limited in scope turnover;

19) a plot of land for a citizen for haymaking, grazing farm animals, gardening or a plot of land located outside the boundaries of a populated area for a citizen for running a personal subsidiary plot;

20) a plot of land necessary for the subsoil user to carry out work related to the use of subsoil;

21) a plot of land located within the boundaries of a special economic zone or on the territory adjacent to it, to a resident of a special economic zone or a management company if it is attracted in the manner established by the legislation of the Russian Federation on special economic zones to perform the functions of creating at the expense of federal funds budget, budget of a constituent entity of the Russian Federation, local budget, extra-budgetary sources of financing real estate within the boundaries of the special economic zone and in the adjacent territory and for the management of these and previously created real estate;

22) a plot of land located within the boundaries of a special economic zone or on the territory adjacent to it, for the construction of infrastructure facilities of this zone to a person with whom the federal executive body authorized by the Government of the Russian Federation has concluded an agreement on cooperation in the field of infrastructure development of the special economic zone. The approximate form of an agreement on interaction in the field of infrastructure development of a special economic zone is approved by the federal executive body authorized by the Government of the Russian Federation;

23) a plot of land necessary to carry out the activities provided for by the concession agreement, public-private partnership agreement, municipal-private partnership agreement, to the person with whom these agreements were concluded;

23.1) a plot of land for the development of territory for the purpose of construction and operation of a rented house for commercial use or for the development of territory for the purpose of construction and operation of a rented house for social use to a person who has entered into an agreement on the development of the territory for the purpose of construction and operation of a hired house for commercial use or an agreement on the development of the territory for the purpose of construction and operation of a rental house for social use, and in cases provided for by the law of a constituent entity of the Russian Federation, a non-profit organization created by a constituent entity of the Russian Federation or a municipal entity for the development of territories for the purpose of construction and operation of rental homes for social use;

23.2) a plot of land necessary for carrying out activities provided for in a special investment contract, to the person with whom the special investment contract was concluded;

24) a plot of land necessary for carrying out activities in the field of hunting, to the person with whom the hunting agreement was concluded;

25) a land plot for the placement of reservoirs and (or) hydraulic structures, if the placement of these objects is provided for by territorial planning documents as objects of federal, regional or local significance;

26) a land plot for carrying out State activities within the boundaries of rights of way and roadside strips of highways;

27) a land plot for the implementation of the activities of the open joint-stock company "Russian Railways" for the placement of public railway transport infrastructure facilities;

28) a plot of land to a resident of a territorial development zone, included in the register of residents of a territorial development zone, within the boundaries of the specified zone for the implementation of an investment project in accordance with the investment declaration;

29) a land plot to a person who has the right to extract (catch) aquatic biological resources on the basis of a decision to provide them for use, an agreement for the use of a fishing area or an agreement for the use of aquatic biological resources, for the implementation of activities provided for by the specified decision or agreements;

29.1) a plot of land to a person engaged in commercial aquaculture (commercial fish farming) on ​​the basis of an agreement for the use of a fish-breeding site, which is in state or municipal ownership (hereinafter referred to as the agreement for the use of a fish-breeding site), for the specified purposes;

30) a land plot for a legal entity for the location of nuclear installations, radiation sources, storage facilities for nuclear materials and radioactive substances, storage facilities, radioactive waste storage facilities and radioactive waste disposal facilities, decisions on the construction and location of which were made by the Government of the Russian Federation;

31) a plot of land intended for agricultural production, to a tenant in respect of which the authorized body does not have information about violations of the legislation of the Russian Federation identified within the framework of state land supervision and unresolved violations of the legislation of the Russian Federation when using such a plot of land, provided that the application for concluding a new lease agreement such land plot was submitted by this tenant before the expiration date of the previously concluded lease agreement for such land plot;

32) a land plot to a tenant (except for tenants of land plots specified in subparagraph 31 of this paragraph), if this tenant has the right to conclude a new lease agreement for such a land plot in accordance with paragraphs 3 and this article;

33) a plot of land for a resident of the free port of Vladivostok on the territory of the free port of Vladivostok;

34) a land plot to a citizen in accordance with the Federal Law “On the specifics of providing citizens with land plots that are in state or municipal ownership and located on the territories of the constituent entities of the Russian Federation that are part of the Far Eastern Federal District, and on amendments to certain legislative acts of the Russian Federation” ;

35) land plot in accordance with Federal Law of July 24, 2008 N 161-FZ “On promoting the development of housing construction”;

36) a land plot that is owned by a subject of the Russian Federation - the federal city of Moscow or the state ownership of which is not demarcated, in order to implement the decision on the renovation of the housing stock in the subject of the Russian Federation - the federal city of Moscow in accordance with the Law of the Russian Federation dated 15 April 1993 N 4802-1 “On the status of the capital of the Russian Federation”, to the Moscow Residential Development Renovation Fund, created by a constituent entity of the Russian Federation - the federal city of Moscow in accordance with the specified Law, in the event that the construction of apartment buildings and ( or) other real estate objects with the involvement of funds from citizens and legal entities under agreements for participation in shared construction in accordance with Federal Law of December 30, 2004 N 214-FZ “On participation in shared construction of apartment buildings and other real estate and on amendments to some legislative acts of the Russian Federation";

37) a land plot included within the boundaries of the territory of an innovative scientific and technological center, a fund created in accordance with the Federal Law “On innovative scientific and technological centers and on amendments to certain legislative acts of the Russian Federation”;

38) a land plot to a participant in a free economic zone in the territories of the Republic of Crimea and the federal city of Sevastopol for the implementation of an agreement on the conditions of activity in a free economic zone, concluded in accordance with Federal Law of November 29, 2014 N 377-FZ “On the development of the Republic of Crimea and the city federal significance of Sevastopol and the free economic zone in the territories of the Republic of Crimea and the federal city of Sevastopol";

39) a plot of land for the implementation by a person who has received the status of a resident of the Arctic zone of the Russian Federation in accordance with the Federal Law “On State Support of Entrepreneurial Activities in the Arctic Zone of the Russian Federation”, the activities provided for by the agreement on the implementation of investment activities in the Arctic zone of the Russian Federation.

3. Citizens and legal entities who are tenants of state or municipally owned land plots have the right to conclude a new lease agreement for such land plots without holding a tender in the following cases:

1) a land plot is leased to a citizen or legal entity without holding a tender (except for the cases provided for in paragraph 13 or 20 of Article 39.12 of this Code);

2) a plot of land is provided to a citizen at an auction for gardening.

Grounds for granting land plots for permanent, indefinite use without bidding (Clause 2, Article 39.9 of the Land Code of the Russian Federation)

Land plots in state or municipal ownership are provided for permanent (indefinite) use exclusively:

1) state authorities and local governments;

2) state and municipal institutions (budgetary, government, autonomous);

3) state-owned enterprises;

4) centers of historical heritage of presidents of the Russian Federation who have ceased to exercise their powers.

Grounds for providing land plots for free use without bidding (Clause 2 of Article 39.10 of the Land Code of the Russian Federation)

Land plots in state or municipal ownership may be provided for free use:

1) to the persons specified in paragraph 2 of Article 39.9 of this Code, for a period of up to one year;

2) in the form of official allotments to employees of organizations in the cases specified in paragraph 2 of Article 24 of this Code, for the period of the employment contract concluded between the employee and the organization;

3) religious organizations for the placement of buildings, structures for religious or charitable purposes for a period of up to ten years;

4) religious organizations, if on such land plots there are buildings and structures belonging to them with the right of free use, for the period until the termination of the rights to these buildings and structures;

5) persons with whom, in accordance with the Federal Law of April 5, 2013 N 44-FZ “On the contract system in the field of procurement of goods, works, services to meet state and municipal needs” (hereinafter referred to as the Federal Law “On the contract system in the field of procurement of goods, works, services to meet state and municipal needs"), civil contracts have been concluded for the construction or reconstruction of real estate, carried out entirely at the expense of the federal budget, budget funds of a constituent entity of the Russian Federation or local budget funds, for the period of execution of these contracts;

6) to a citizen for individual housing construction, running a personal subsidiary plot or carrying out activities by a peasant (farm) enterprise in municipalities determined by the law of a constituent entity of the Russian Federation, for a period of no more than six years;

7) for individual housing construction or running personal subsidiary plots in municipalities determined by the law of a constituent entity of the Russian Federation, to citizens who work at their main place of work in such municipalities in specialties established by the law of a constituent entity of the Russian Federation, for a period of no more than six years;

to a citizen, if on the land plot there is a service residential premises in the form of a residential building, provided to this citizen for the period of the right to use such residential premises;

9) citizens for the purpose of carrying out agricultural activities (including beekeeping) for their own needs in forest areas for a period of no more than five years;

10) citizens and legal entities for agricultural, hunting, forestry and other uses that do not involve the construction of buildings and structures, if such land plots are included in the list of land plots allocated for defense and security needs and temporarily not used, approved in accordance with the procedure established by the Government of the Russian Federation for the specified needs, for a period of no more than five years;

11) horticultural or gardening non-profit partnerships for a period of no more than five years;

12) non-profit organizations created by citizens for the purpose of housing construction in cases and for a period provided for by federal laws;

13) persons belonging to the indigenous peoples of the North, Siberia and the Far East of the Russian Federation, and their communities in places of traditional residence and traditional economic activities for the placement of buildings and structures necessary for the purpose of preserving and developing the traditional way of life, economic activities and indigenous crafts small peoples of the North, Siberia and the Far East of the Russian Federation, for a period of no more than ten years;

14) persons with whom, in accordance with the Federal Law of December 29, 2012 N 275-FZ “On State Defense Order”, the Federal Law “On the Contract System in the Sphere of Procurement of Goods, Works, Services to Meet State and Municipal Needs”, state contracts for the performance of work and the provision of services to ensure the defense of the country and the security of the state, carried out entirely at the expense of the federal budget, if the provision of a land plot is necessary for the performance of these works and the provision of these services, for the period of execution of the specified contract;

15) non-profit organizations provided for by the law of a constituent entity of the Russian Federation and created by a constituent entity of the Russian Federation for the purpose of housing construction to provide residential premises for certain categories of citizens defined by federal law, a decree of the President of the Russian Federation, a regulatory legal act of the Government of the Russian Federation, the law of a constituent entity of the Russian Federation, for the purposes of construction of the specified residential premises for the period of implementation of this construction;

16) to a person whose right to gratuitous use of a land plot located in state or municipal ownership has been terminated in connection with the seizure of the land plot for state or municipal needs, in exchange for the seized land plot for the period established by this paragraph, depending on the basis for the emergence of the right of gratuitous use to the seized land plot;

17) to a person in the case and in the manner provided for by Federal Law of July 24, 2008 N 161-FZ “On promoting the development of housing construction”;

18) to a citizen in accordance with the Federal Law “On the specifics of providing citizens with land plots that are in state or municipal ownership and located on the territories of the constituent entities of the Russian Federation that are part of the Far Eastern Federal District, and on amendments to certain legislative acts of the Russian Federation”;

19) The Moscow Residential Development Renovation Fund, created by a subject of the Russian Federation - the federal city of Moscow in order to implement the decision on the renovation of housing stock in the subject of the Russian Federation - the federal city of Moscow in accordance with the Law of the Russian Federation of April 15, 1993 N 4802-1 " On the status of the capital of the Russian Federation", in relation to a land plot that is owned by a constituent entity of the Russian Federation - the federal city of Moscow or the state ownership of which is not demarcated, in the event that the construction of apartment buildings and (or) other real estate objects with the involvement of funds from citizens and legal entities under agreements for participation in shared construction in accordance with Federal Law of December 30, 2004 N 214-FZ “On participation in shared construction of apartment buildings and other real estate and on amendments to certain legislative acts Russian Federation";

20) to the joint-stock company "Russian Post" in accordance with the Federal Law "On the specifics of the reorganization of the federal state unitary enterprise "Russian Post", the fundamentals of the activities of the joint-stock company "Russian Post" and on amendments to certain legislative acts of the Russian Federation."

September 01, 2021 08:00, .

In what cases can land be provided to an agricultural producer without bidding?

It has become easier for the municipality to avoid mistakes when providing land for rent or ownership without bidding. Now you can make decisions based on the latest findings of the Supreme Court. He summarized the judicial practice in cases related to the provision of land for agricultural production in the Review dated December 23, 2020. This document can also be relied upon in the event that legal proceedings arise on the claim of the tenant or the prosecutor. Lower authorities will be guided by the findings of the Supreme Court. The article contains answers to questions that municipalities often have when providing land plots for rent or ownership.

To whom can land plots be provided without bidding?

The municipality may provide its land plot to another person for ownership or lease based on the results of bidding (clause 1 of article 39.3, clause 1 of article 39.6 of the Land Code). But there are cases when the administration has the right not to conduct tenders. This is possible, in particular, if you provide land for farming or related production (see table below).

Cases when you can provide a plot for rent or sell it without bidding

Is it possible to provide a plot without bidding if there are several applicants for it?

If applications for a plot are received from several entrepreneurs, then the local self-government body must hold an auction and provide the land to the winner. The Supreme Court recognized this approach as correct (clause 1 of the Review).

EXAMPLE 1.

The head of a peasant farm (peasant farm) demanded that he be given a plot of land for rent without bidding. He referred to the provisions of Part 8 of Article 10 of the Federal Law of July 24, 2002 No. 101-FZ “On the turnover of agricultural land.” But local authorities refused, since there were other applicants for the site. The head of the farm went to court. He demanded that the decision of the local self-government body be declared illegal and that the municipality be obliged to enter into an agreement with the peasant farm.

The court of first instance concluded that the applicant's rights had been violated. The latter has the right to conclude a lease agreement without bidding with the local self-government body as an agricultural producer, a participant in the industry-wide state support program (subclause 12, clause 2, article 39.6 of the Land Code, clause 8, article 10 of Law No. 101-FZ).

Higher courts did not agree with this position. The Supreme Court supported them. The local self-government body, authorized to dispose of plots of agricultural land, received several applications from potential tenants. In this situation, the local self-government body is obliged to hold a tender (ruling of the Supreme Court dated 02/03/2020 No. 302-ES19-27335).

In what case can a lease be extended without bidding?

Bidding will not be required if the plot is already leased from the agricultural producer and he wishes to extend the contract for a new term (subclause 31, clause 2, article 39.6 of the Land Code). In this case, the LSG body has the right not to publish a notice about the provision of a plot for agriculture and agricultural production (clause 2 of the Review).

Note: You can extend the lease for a new term regardless of the category of land

EXAMPLE 2.

The administration of the municipality and the head of the peasant farm entered into a lease agreement for a land plot without bidding. Later, the parties signed an additional agreement, which extended the term of the agreement by five years. But the prosecutor considered that the plot should have been provided based on the results of the auction. He filed a lawsuit to declare the agreement invalid.

The courts of first and appellate instances, as well as the district court, satisfied the claims (ruling of the Fourth Arbitration Court of Appeal dated December 11, 2019 in case No. A19-17524/2017). But the Supreme Court supported the head of the peasant farm. He indicated that a new lease agreement for a municipally owned land plot can be concluded without bidding if three conditions are met.

1. The municipality provided the tenant with land for agricultural production.

2. There is no information that the state land inspection body has identified violations in the use of the leased plot. Or the tenant committed violations, but eliminated them.

3. The tenant submitted an application to the local self-government body to conclude a new land lease agreement before the old agreement expired.

The head of the peasant farm has been using the disputed plot under lease agreements for agricultural activities for 10 years and has not committed any violations. I sent the application for concluding a lease agreement on time. The Supreme Court overturned the decisions of the lower courts and sent the case for a new trial.

Is it possible to extend the lease agreement for an indefinite period without bidding?

The Land Code contains a rule for tenants who received plots for agricultural production without bidding before March 1, 2015. If such a tenant continues to use the land plot, and the lessor does not object to this, then the contract, after the expiration of its term, is extended under the same conditions for an indefinite period. In this case, the tenant has the right to submit an application to conclude a new lease agreement without bidding (clause 3 of the Review).

Document: Determination dated May 20, 2020 No. 310-ES19-25907

EXAMPLE 3.

The company leased the land for five years. Used the plots for agricultural production. When the contract expired, the company continued to use these areas. Its management believed that the lease had been renewed indefinitely. There were no objections from the landlord. During the period of validity of the agreement, the company applied to the authorized body (committee) with an application to conclude a lease agreement for a new term on the basis of subparagraph 31 of paragraph 2 of Article 39.6 of the Land Code.

The company committee refused. Then she filed a lawsuit to declare the refusal illegal.

The Supreme Court indicated that the Land Code and Law No. 101-FZ, as amended before March 1, 2015, did not exclude the possibility of renewing the contract for an indefinite period, during the conclusion of which it was possible not to hold a tender. A lease agreement for municipal property can be renewed for an indefinite period in the manner prescribed by paragraph 2 of Article 621 of the Civil Code, if it was concluded before the entry into force of the law that made auctions mandatory (Article 422 of the Civil Code, clause 1 of the Resolution of the Plenum of the Supreme Arbitration Court dated November 17, 2011 No. 73). The provisions of the code as amended, effective from March 1, 2015, do not directly exclude the application of paragraph 2 of Article 621 of the Civil Code to a lease agreement for a municipal land plot legally concluded without bidding. The Supreme Court granted the claim.

At what point does the tenant have the right to purchase the plot?

The tenant can buy the leased plot into ownership, but not immediately. He must use this land for at least three years (clause 2 of article 39.3 of the Land Code). Count this period not only according to the last lease agreement. Also take into account previous lease agreements consecutively concluded with this tenant (clause 4 of the Review).

EXAMPLE 4.

The head of the peasant farm asked the administration to sell the land plot he had rented without bidding. Officials refused the entrepreneur: the three-year period from the date of conclusion of the last lease agreement had not yet expired. The head of the peasant farm went to court.

The court indicated that the administration and the head of the peasant farm consistently entered into land lease agreements for agricultural production. The farm used the land for a total of more than three years. Therefore, the administration’s refusal is illegal.

3 years is the minimum period for using leased land. Only when it expires will the tenant have the right to buy the plot

The lease term is not important for the purchase of land if the tenant has re-registered the right of permanent (indefinite) use of an agricultural plot to a lease right. In this case, the agricultural producer has the right to acquire ownership of the plot regardless of the period of its use under the lease agreement (clause 7 of the Review).

EXAMPLE 5.

The tenant had the right to perpetual use of the agricultural land plot. He re-registered this right by entering into a 49-year lease. Immediately after this, the tenant tried to buy the land. Officials, and then the courts of first and appellate instances, refused the agricultural producer. They indicated that he had been using the site for less than three years from the date of signing the lease agreement sub. 9 paragraph 2 art. 39.3 ZK).

The Supreme Court corrected this error. A tenant who has re-registered the right of permanent (perpetual) use of a plot of agricultural land on which there are no buildings or structures into a leasehold right, has the right to acquire ownership of this land. There are no restrictions on the period of ownership of such a plot under the lease agreement for the exercise of the right to purchase.

What area of ​​land does an agricultural producer have the right to purchase?

The local government body determines the area of ​​the purchased plot of agricultural land, taking into account the requirements established by law for the formation of land plots. This area is not limited only by the area of ​​the plot required for the use of the property located on it (clause 6 of the Review).

EXAMPLE 6.

The company wanted to buy the entire leased plot of agricultural land without bidding. But local authorities refused. They believed that it was enough to provide the tenant with ownership of the land necessary for the operation of the warehouse located on it. The company applied to the court to declare the refusal of the local self-government body illegal. The courts granted the plaintiff's application. The legislation does not contain restrictions on the area of ​​the purchased land plot.

Is it possible to put up land shares for auction?

A local government body can put up for auction only a land plot that is formed from unclaimed land shares that are in municipal ownership. Do not put up the land shares themselves for auction (clause 10 of the Review).

EXAMPLE 7.

The company applied to the court to declare illegal the inaction of the local administration, which did not hold auctions for the sale of the land share. The plaintiff indicated that he, along with another company, uses a land plot that is in shared ownership. Since there are several interested parties who have the right to claim the acquisition of a land share from the municipality, local authorities must put this share up for auction.

The courts rejected the claim. Only the land plot formed from unclaimed shares can be put up for auction, and not the shares themselves.

Is it possible to sell a plot of land included in settlements to an agricultural producer?

If the plot is included in the land of a settlement, then the tenant cannot buy it for the purposes of agricultural production. Redemption becomes impossible from the moment when the type of permitted use of the site has changed in accordance with the rules of land use and development (clause 8 of the Review).

Only the land plot formed from unclaimed shares can be put up for auction, and not the shares themselves

EXAMPLE 8.

The company has been a tenant of a plot intended for agricultural production for more than three years. She contacted the administration department with an application to purchase this land without bidding. The department refused the ransom. In accordance with the general plan and land use and development rules, the site was classified as a public and business development zone. It is not intended to be used for agricultural purposes. The company went to court and demanded that the refusal be declared illegal and that the department be obliged to conclude a purchase and sale agreement for the site.+

The courts rejected the claim. The mere inclusion of a plot of land in a residential area is not a restriction on its purchase by the tenant. However, it is impossible to buy this land for agricultural production. The permitted use of the land plot must correspond to the purposes of its use specified in the tenant's application. Otherwise, the municipality has the right to refuse (Clause 14, Article 39.16 of the Land Code).

Land use

Municipal

Municipal services are provided by the administration of the municipal formation - Ryazan municipal district of the Ryazan region. The provision of municipal services is provided by the department of land use organization of the urban planning and property relations department of the administration of the municipal formation - Ryazan municipal district of the Ryazan region.

Municipal services are provided free of charge.

Applicants for the provision of municipal services are citizens, legal entities and individual entrepreneurs (hereinafter referred to as the Applicants, interested persons) or their authorized representatives.

To receive a municipal service, the interested person sends to the administration of the Ryazan municipal district or submits to the State Budgetary Institution RO "MFC of the Ryazan Region" an application, a list of documents in person or through a representative, by post or by e-mail in the form of electronic documents in accordance with the requirements of current legislation, including including using the Unified Portal of State and Municipal Services.

The following must be attached to the application for the provision of ownership, lease, permanent (perpetual) use and free use of land plots in municipal ownership, as well as state ownership for which is not demarcated, to citizens and legal entities without holding a tender:

— documents confirming the right to purchase a land plot without holding a tender and provided for by the list approved by Order of the Ministry of Economic Development of Russia dated January 12, 2015 No. 1 “On approval of the list of documents confirming the right of the Applicant to purchase a land plot without holding a tender,” with the exception of documents that must be submitted to the land use organization department in the order of interdepartmental information interaction;

— a document confirming the authority of the representative, if the application is submitted by a representative;

— a copy of the identity document of the Applicant (Applicants), who is an individual, or the identity of a representative of an individual or legal entity;

— a copy of a document certifying the rights (powers) of a representative of an individual or legal entity, if the application is submitted by a representative of the Applicant (Applicants);

— certified translation into Russian of documents on state registration of a legal entity in accordance with the legislation of a foreign state if the Applicant is a foreign legal entity;

- lists of its members prepared by a non-profit organization created by citizens in the event that an application has been submitted for preliminary approval of the provision of a land plot or for the provision of a land plot for free use of the specified organization for vegetable gardening or horticulture;

— a document certifying (establishing) the Applicant’s rights to a building, structure or premises, if the right to such a building, structure or premises is not registered in the Unified State Register of Real Estate;

— a document certifying (establishing) the Applicant’s rights to the requested land plot, if the right to such land plot is not registered in the Unified State Register of Real Estate (if there are corresponding rights to the land plot);

— a message from the Applicant (Applicants), containing a list of all buildings and structures located on the requested land plot, indicating cadastral (conditional, inventory) numbers and address landmarks of buildings, structures owned by the relevant right to the Applicant;

— consent to the processing of personal data (link).

The result of providing municipal services is:

— sending (issuing) to the applicant a draft agreement for the sale or lease of a land plot, an agreement for the gratuitous use of a land plot;

— sending the applicant a certified copy of the resolution on the provision of a land plot for permanent (indefinite) use;

— refusal to provide a land plot;

— preliminary approval of the provision of a land plot;

— refusal of preliminary approval for the provision of a land plot.

Providing ownership, lease, permanent (indefinite) use, gratuitous use of a land plot that is in municipal ownership, as well as state ownership for which is not demarcated to citizens and legal entities without holding a tender, is carried out within a period not exceeding 30 calendar days from the date of registration in administration of a written application from an interested person for the provision of a municipal service.

The period from the date of receipt of the application for preliminary approval of the provision of a land plot to the day of the decision on preliminary approval of the provision of a land plot or refusal to provide a land plot and its direction (issuance) to the Applicant is 30 calendar days.

When sending an application and documents necessary for the provision of a municipal service by mail, the period for providing a municipal service is calculated from the day the administration receives the application and documents necessary for the provision of a municipal service (based on the date of registration of the application).

Deadlines for individual administrative procedures:

1. Reception and registration of the application and documents necessary for the provision of municipal services - 45 minutes;

2. Review of submitted documents - within 3 days (10 days upon receipt of an application for preliminary approval of the provision of a land plot);

3. Interdepartmental information interaction – no more than 7 days, and in case of sending a repeated request – no more than 13 days;

4. Making a decision on preliminary approval of the provision of a land plot - no more than 30 days from the date of receipt of the application;

5. Preparation of a resolution and agreement on the purchase and sale, provision of lease or permanent (indefinite) use of land plots that are in municipal ownership or state ownership of which is not demarcated, or a decision to refuse to provide a land plot - no more than 30 days from the date receipt of an application;

6. Issuance (sending) to the applicant of the result of the provision of municipal services - within 1 working day.

Consent form for the processing of personal data