No. 71. “Anti-Crisis” Amendments to the Land Lease Laws
Goltsblat BLP advises that the Moscow Region has passed Law of 17 July 2009
No. 96/2009-ОЗ “On Amendment of Certain Laws of the Moscow Region Regulating
Land Relations in the Moscow Region”. Above all, this provides the
state and local government authorities with “anti-crisis” opportunities to adjust
the rental for state and municipally-owned land plots and the procedure for
1. Since 1 January 2009, municipalities have, in fact, been entitled to
reduce rentals for land: the "scale-up factor” applicable to rentals
has been replaced by an “adjustment factor”. The value of the former used to
vary between 1 and 3, while that of the latter is set at 0.5 to 3. Similar changes
have been made to the land plot location factor.
The adjustment and land plot location factors cannot be individual in nature
and are reviewed more than once a year, except for reductions in the values
of these factors, which cannot be made more than twice a year.
In addition, it has been established that, if the rights and obligations under
a lease agreement for a land plot granted to a legal entity are assigned, the
rental is determined by applying the various factors set for the former lessee.
2. The factor of 1.5 (for the period of construction/reconstruction,
but for no more than 3 years), in consideration of the conditions for use of
the land plot/the lessee’s business, is now applied from the signing date of
the agreement, rather than that of its state registration, as was previously
3. From 2010 onwards, for a land plot that has not undergone state cadastral
registration and that was provided before the Land Code of the Russian Federation
came into effect, the rental is set in relation to:
agricultural land plots provided for agricultural production, in the amount
of double the base rent for land in the relevant municipality;
land of other categories, in the amount of 256 roubles per square metre
4. Obviously assuming a rise in indebtedness for rentals on land plots belonging
to the Moscow Region or in undelimited state ownership, the Government of the
Moscow Region now has the right to determine:
the procedure and cases for writing off debts on rentals
and default interest for leased land plots;
the procedure for payment by instalment or deferral of payment
of rentals for a period not exceeding 1 year, with the debt being paid off
either in a lump sum or by instalment.
5. Changes have been made to rentals for land plots located
within the boundaries of the urban districts of Zhukovskiy, Zvenigorod, Kotelniki,
Lobnya, Molodezhniy and Khimki.
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