Land privatisation and development: deadlines extended from 1 January 2010 to 1 January 2012

14.01.2010

Legal update No. 107

Goltsblat BLP advises that, on 27 December 2009, several Federal Laws were passed that extended the deadlines to 1 January 2012 for:

1. Sale of state- or municipally-owned land plots to owners of buildings and structures located on them at a fixed price  of:

  • up to 20% of the cadastral value of a plot in Moscow or St. Petersburg, and
  • up to 30 times the land tax rate in other parts of Russia.

2. Mandatory re-registration by legal entities of their permanent (unlimited) rights to use land plots as lease rights or purchase of such plots as their own property(1).

For land plots accommodating electricity transmission lines, pipelines and other linear facilities, the deadline has been extended until 1 January 2015(1).

3. Decisions by state and local government authorities on reservation of land or condemnation, including by buying up, of land plots for state and municipal purposes, and on re-categorisation of land in the absence of territorial planning documents ;

4. Allocation of state- and municipally-owned land plots for construction in the absence of land use and development rules (2);

5. Issue of construction permits in the absence of land use and development rules, with the exception of cases envisaged by federal laws (2);

6. Decisions on changing the type of permitted use of land plots and capital construction facilities by the head of the local administration in consideration of the results of public hearings (according to the general rules) (2);

7. Location of highway services facilities within highway easement areas in the absence of documentation on planning of the territory and on agreement with the owners of the highway (2);

8. Alterations to a capital investment facility and (or) parts of it without a construction permit, provided these alterations do not affect the structural and other reliability and safety characteristics of the given facility and (or) part of it and do not violate the building standards and regulations (2).

9. Execution of documentation on planning of a territory (including town-planning plans of land plots) in the absence of territorial planning documents (2);

10. Determination of the permitted use of land plots and capital construction facilities in accordance with the draft plan for the territory on which they are located (3).


(1) Federal law of 27 December 2009 No. 342-FZ.
(2) Federal law of 27 December 2009 No. 351-FZ.
(3) Federal law of 27 December 2009 No. 343-FZ.

For additional information, please contact:

Vitaly Mozharowski,
Partner, Real Estate and Construction,
Goltsblat BLP,
E: info@gblplaw.com

Elena Barinova,   
Partner, Real Estate Investment and Finance,
Goltsblat BLP, 
E: info@gblplaw.com

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