Use of public land without land plot allocation or easement

28.01.2015

Legal update No 495

Issue No. 3/7

Goltsblat BLP continues its series of alerts exploring the extensive amendments to the land legislation introduced by Federal Law No. 171-FZ of 23 June 2014 “On Amending the Land Code of the Russian Federation and Certain Legislative Acts of the Russian Federation” (hereinafter FZ No. 171) and due to come into force on 1 March 2015.

In this alert, we focus on a new concept in the land legislation, namely, use of state- or municipally-owned land or land plots without allocation of land plots or establishment of easement. This concept is covered in Chapter V.6 of the Land Code of the Russian Federation.

Under the Law, such use is permitted in two groups of cases:

1) Performance of engineering surveys, repair of linear facilities, geological exploration of the subsoil and some other cases set out in subparagraphs 1-5, paragraph 1, Article 39.33 of the Land Code of the Russian Federation. In these cases, no real estate construction or renovation is stipulated; the land or land plots are used on the basis of permits issued by a body authorised to manage public land. Identification of a used land plot does not require cadastral registration (coordinates of distinguishable points are sufficient); also, no fee is stipulated for such use.

2) Accommodation of facilities of the following types:

  • Mobile retail outlets. These are accommodated on the basis of the relevant chart in accordance with the Federal Law “On the Fundamentals of State Regulation of Trade in the Russian Federation” of 28 December 2009.
  • Advertising structures. These are erected and operated under relevant installation and operation contracts pursuant to the Federal Law “On Advertising” of 13 March 2006.
  • Facilities stipulated by Russian Government Resolution No. 1300 of 3 December 2014. These include, in particular, underground linear structures, as well as their above-ground parts and installations required for their use and not needing a construction permit for accommodation purposes. Please note that most of the facilities stipulated in Russian Government Resolution No. 1300 of 3 December 2014 may be accommodated without easement or land plot allocation only if they do not require a construction permit. As you might recall, Part 17 of Article 51 of the Urban Development Code of the Russian Federation contains a rather limited list of cases when a permit for construction is not required. Even so, constituent entities may extend this list. Since they also prescribe the procedure and terms for accommodating the facilities stipulated in Russian Government Resolution No. 1300 of 3 December 2014, we may conclude that accommodation of these facilities will be almost entirely regulated at the regional level.

We would like to emphasise one again that the above-mentioned facility groups are subject to different legal treatment; what brings them together is that none of them require lease of land plots or conclusion of easement agreements.

In a week, we will consider in more detail establishing easements over land plots in state or municipal ownership.

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Ksenia Soboleva

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