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LAND CODE OF THE RUSSIAN FEDERATION

of October 25, 2001 No. 136-FZ

(as amended on 30-12-2020)

Accepted by the State Duma of the Russian Federation on September 28, 2001

Approved by Council of the Russian Federation on October 10, 2001

Chapter I. General provisions

Article 1. Basic principles of the land legislation

1. This Code and other acts of the land legislation issued according to it are based on the following principles:

1) accounting of value of the earth as bases of life and activities of the person according to whom regulation of the relations on use and protection of the earth is performed proceeding from ideas of the earth as about the natural object protected as the most important component of the nature, the natural resource used as means of production in agricultural industry and forestry and bases of implementation of economic and other activity in the territory of the Russian Federation, and at the same time as about real estate, about object of the property right and other land rights;

2) priority of protection of the earth as most important component of the environment and means of production in agricultural industry and forestry before use of the earth as real estate according to which ownership, use and the order of the earth are performed by owners of the parcels of land freely if it does not cause environmental damage;

3) the priority of protection of life and health of the person according to which when implementing activities for use and protection of lands such decisions shall be made and are performed such types of activity which would allow to provide preserving human life or to prevent negative (harmful) impact on health of the person even if it will involve big costs;

4) participation of citizens, public organizations (associations) and the religious organizations in the solution of the questions concerning them land rights, according to which citizens of the Russian Federation, public organizations (associations) and the religious organizations have the right to take part in preparation of decisions which implementation can make impact on condition of lands in case of their use and protection and, public authorities, local government bodies, subjects of economic and other activity shall provide possibility of such participation according to the procedure and in forms which are established by the legislation;

5) unity of destiny of the parcels of land and firmly related objects according to which everything strong the objects connected with the parcels of land follow destiny of the parcels of land, except as specified, established by the Federal Laws;

6) priority of preserving especially valuable lands and lands of especially protected territories according to which change of purpose of valuable lands of agricultural purpose, the lands occupied with the protective woods, lands of especially protected natural territories and objects, lands occupied with objects of cultural heritage, other especially valuable lands and lands of especially protected territories for other purposes is limited or forbidden according to the procedure, established by the Federal Laws. Establishment of this principle shall not be interpreted as denial or derogation of value of lands of other categories;

7) the paid nature of use of the earth according to which any use of the earth is performed for a fee, except as specified, the subjects of the Russian Federation established by the Federal Laws and the laws;

8) division of lands on purpose on category according to which the legal regime of lands is determined proceeding from their belonging to certain category and the permitted use according to zoning of the territories and requirements of the legislation;

9) differentiation of state-owned property on the earth on property of the Russian Federation, property of subjects of the Russian Federation and property of municipalities according to which the legal basis and procedure for such differentiation are established by the Federal Laws;

10) the differentiated approach to establishment of legal regime of lands according to which in case of determination of their legal regime natural, social, economic and other factors shall be considered;

11) combination of interests of society and legitimate interests of citizens according to which regulation of use and protection of lands is performed for the benefit of all society when providing guarantees of each citizen for free ownership, use and the order with the parcel of land belonging to it.

In case of regulation of land relations the principle of differentiation of action of regulations of the civil legislation and regulations of the land legislation regarding regulation of the relations on use of lands, and also the principle of state regulation of privatization of the earth is applied.

2. By the Federal Laws also other principles of the land legislation which are not contradicting stipulated in Item 1 this Article to the principles can be established.

Article 2. Land legislation

1. The land legislation according to the Constitution of the Russian Federation is under joint authority of the Russian Federation and subjects of the Russian Federation. The land legislation consists of of this Code, the Federal Laws and the laws of subjects of the Russian Federation adopted according to them.

The regulations of the land right containing in other Federal Laws, the laws of subjects of the Russian Federation shall correspond to this Code.

Land relations can be governed also by presidential decrees of the Russian Federation which shall not contradict this Code, the Federal Laws.

2. The government of the Russian Federation makes the decisions governing land relations within the powers determined by this Code, the Federal Laws, and also the presidential decrees of the Russian Federation governing land relations.

3. On the basis and in pursuance of of this Code, the Federal Laws, other regulatory legal acts of the Russian Federation, the laws of subjects of the Russian Federation executive bodies of subjects of the Russian Federation within the powers can issue the acts containing regulations of the land right.

4. On the basis and in pursuance of of this Code, the Federal Laws, other regulatory legal acts of the Russian Federation, the laws and other regulatory legal acts of subjects of the Russian Federation local government bodies within the powers can issue the acts containing regulations of the land right.

Article 3. The relations regulated by the land legislation

1. The land legislation governs the relations on use and protection of lands in the Russian Federation as bases of life and activities of the people living in the corresponding territory (land relations).

2. The legislation on subsoil, the forest, water legislation, the legislation on fauna, on protection and use of other natural resources, on environmental protection, on protection of atmospheric air, on especially protected natural territories and objects, on protection of objects of cultural heritage of the people of the Russian Federation, the special Federal Laws are applied to the relations on use and protection of subsoil, water objects, the woods, fauna and other natural resources, environmental protection, protection of especially protected natural territories and objects, protection of atmospheric air and protection of objects of cultural heritage of the people of the Russian Federation respectively.

Are applied to land relations of regulation of the specified industries of the legislation if these relations are not settled by the land legislation.

3. The property relations on ownership, use and the order of the parcels of land, and also on transactions with them are regulated by the civil legislation if other is not provided by the land, forest, water legislation, the legislation on subsoil, on environmental protection, the special Federal Laws.

Article 4. Application of international treaties of the Russian Federation

If the international treaty of the Russian Federation ratified in accordance with the established procedure establishes other rules, than those which are provided by this Code are applied rules of the international treaty.

Article 5. Participants of land relations

1. Participants of land relations are citizens, legal entities, the Russian Federation, subjects of the Russian Federation, municipalities.

2. The rights of foreign citizens, stateless persons and foreign legal entities to acquisition in property of the parcels of land are determined according to this Code, the Federal Laws.

3. For the purposes of of this Code the following concepts and determinations are used:

owners of the parcels of land - persons who are owners of the parcels of land;

land users - the persons owning and using the parcels of land on the right of permanent (termless) use or on the right of free use;

land owners - the persons owning and using the parcels of land on right of lifetime inheritable possession;

lessees of the parcels of land - the persons owning and using the parcels of land according to the lease agreement, the agreement of the sublease;

owners of the servitude - persons having the right of limited use of others parcels of land (servitude);

owners of the parcels of land are owners of the parcels of land, land users, land owners and lessees of the parcels of land;

owners of the public servitude - persons having the right of limited use of lands and (or) others parcels of land established according to Chapter V.7 of this Code.

Article 6. Objects of land relations

1. Objects of land relations are:

1) earth as natural object and natural resource;

2) parcels of land;

3) parts of the parcels of land.

2. Ceased to be valid

3. The parcel of land as object of the property right and other land rights provided by this Code is immovable thing which represents part of the land surface and has the characteristics allowing to determine it as individually certain thing. In cases and according to the procedure which are established by the Federal Law the artificial parcels of land can be created.

Article 7. Structure of lands in the Russian Federation

1. Lands in the Russian Federation on purpose are subdivided into the following categories:

1) earth of agricultural purpose;

2) earth of settlements;

3) the earth of the industry, power, transport, communication, broadcasting, television, informatics, the earth for ensuring space activities, the earth of defense, safety and the earth of other special purpose;

4) the earth of especially protected territories and objects;

5) earth of forest fund;

6) earth of water fund;

7) earth of inventory.

2. The lands specified in Item 1 of this Article are used according to the purpose established for them. The legal regime of lands is determined proceeding from their belonging to this or that category and the permitted use according to zoning of the territories which general principles and procedure for carrying out are established by the Federal Laws and requirements of the special Federal Laws.

Any kind of the permitted use gets out of the territories of types provided by zoning independently, without additional permissions and reconciliation procedures.

Types of the permitted use of the parcels of land are determined according to the qualifier approved by the federal executive body performing functions on development of state policy and normative legal regulation in the sphere of land relations.

3. In places of traditional accommodation and traditional economic activity of indigenous ethnic groups of the Russian Federation and representatives of other ethnic communities in the cases provided by the Federal Laws, the laws and other regulatory legal acts of subjects of the Russian Federation, regulatory legal acts of local government bodies the particular legal regime of use of lands of the specified categories can be set.

Article 8. Reference of lands to categories, their transfer from one category to another

1. Transfer of lands from one category in another is made in the relation:

1) the lands which are in federal property - the Government of the Russian Federation;

2) the lands which are in property of subjects of the Russian Federation, and the lands of agricultural purpose which are in municipal property - executive bodies of subjects of the Russian Federation;

3) the lands which are in municipal property, except for lands of agricultural purpose - local government bodies;

4) the lands which are in private property:

lands of agricultural purpose - executive bodies of subjects of the Russian Federation;

lands of other purpose - local government bodies.

Transfer of lands of settlements to lands of other categories and lands of other categories to lands of settlements irrespective of their patterns of ownership is performed by establishment or change of borders of settlements according to the procedure, established by this Code and the legislation of the Russian Federation on town-planning activities.

Transfer of lands of other categories to lands of especially protected territories and objects is performed by establishment or change according to the procedure, established by this Code and the legislation of the Russian Federation on special economic zones, borders of the tourist and recreational special economic zone.

2. The category of lands is specified in:

1) acts of federal executive bodies, acts of executive bodies of subjects of the Russian Federation and acts of local government bodies of provision of the parcels of land;

2) agreements which subject are the parcels of land;

3) State Immovable Property Cadastre;

4) documents on state registration of the rights to real estate and transactions with it;

5) other documents in the cases established by the Federal Laws and the laws of subjects of the Russian Federation.

3. Violation established by this Code, the Federal Laws of procedure for the translation of lands from one category in another is the recognition basis invalid acts of reference of lands to categories, about their transfer from one category to another.

Article 9. Powers of the Russian Federation in the field of land relations

1. In the field of land relations treat powers of the Russian Federation:

1) establishment of fundamentals of federal policy in the field of regulation of land relations;

2) establishment of restrictions of the rights of owners of the parcels of land, land users, land owners, lessees of the parcels of land, and also restrictions of turnover ability of the parcels of land;

3) public administration in the field of implementation of monitoring of lands, the state land supervision, land management;

3. 1) implementation of the state land supervision;

4) establishment of procedure for reservation of lands, compulsory acquisition of the parcels of land (seizure of land) for the state and municipal needs;

5) reservation of lands, seizure of land for needs of the Russian Federation;

6) development and implementation of federal programs of use and protection of lands;

7) other powers referred to powers of the Russian Federation by the Constitution of the Russian Federation, this Code, the Federal Laws.

2. The Russian Federation exercises control and the order of the parcels of land which are in property of the Russian Federation (federal property).

Article 9.1. Transfer of implementation of powers of federal executive bodies in the field of land relations to executive bodies of subjects of the Russian Federation

The powers of federal executive bodies in the field of land relations provided by this Code can be transferred for implementation to executive bodies of subjects of the Russian Federation by orders of the Government of the Russian Federation according to the procedure, No. 184-FZ established by the Federal Law of October 6, 1999 "About the general principles of the organization of legislative (representative) and executive bodies of the government of subjects of the Russian Federation".

Article 10. Powers of subjects of the Russian Federation in the field of land relations

1. Reservation, withdrawal for needs of subjects of the Russian Federation belong to powers of subjects of the Russian Federation; development and implementation of regional programs of use and protection of the lands which are in borders of subjects of the Russian Federation; other powers which are not referred to powers of the Russian Federation or to powers of local government bodies.

2. Subjects of the Russian Federation exercise control and the order of the parcels of land which are in property of subjects of the Russian Federation.

Article 10.1. Redistribution of powers between local government bodies and public authorities of the subject of the Russian Federation

The powers of local government bodies and public authorities of the subject of the Russian Federation in the field of land relations established by this Code can be redistributed between them according to the procedure, No. 131-FZ provided by part 1.2 of article 17 of the Federal Law of October 6, 2003 "About the general principles of the organization of local self-government in the Russian Federation".

Article 11. Powers of local government bodies in the field of land relations

1. In the field of land relations reservation of lands, seizure of land for municipal needs, establishment taking into account requirements of the legislation of the Russian Federation of rules of land use and building of the territories of residential and rural locations, the territories of other municipalities, development and implementation of local programs of use and protection of lands, and also other powers on the solution of questions of local value in the field of use and protection of lands belong to powers of local government bodies.

2. Local government bodies exercise control and the order of the parcels of land which are in municipal property.

Chapter I.1. Formation of the parcels of land

Article 11.1.

Voided according to the Federal Law of the Russian Federation of 23.06.2014 No. 171-FZ

Article 11.2. Formation of the parcels of land

1. The parcels of land are formed in case of the Section, consolidation, redistribution of the parcels of land or apportionment of the parcels of land, and also of the lands which are in the state-owned or municipal property.

1.1. The parcels of land are formed during the creation of the artificial parcels of land according to the procedure established by the Federal Law "About the Artificial Parcels of Land Created on the Water Objects Which Are in Federal Property and about Modification of Separate Legal Acts of the Russian Federation".

Formation of the parcels of land from artificially created parcels of land is performed according to this Chapter."

2. The parcels of land (the initial parcels of land), stop the existence from the date of state registration of the property right and other corporeal rights to all parcels of land formed of them (further also - the formed parcels of land) according to the procedure, No. 218-FZ established by the Federal Law of July 13, 2015 "About state registration of the real estate" (further - the Federal Law "About State Registration of the Real Estate"), except as specified, both the 6th Article 11.4 of this Code, and the cases provided by other Federal Laws specified in items 4.

3. Purpose and the permitted use of the formed parcels of land the purpose and the permitted use of the parcels of land from which in case of the Section, consolidation, redistribution or apportionment the parcels of land are formed, except as specified, established by the Federal Laws are recognized.

4. Formation of the parcels of land is allowed in the presence of in writing consent of land users, land owners, lessees, pawnbrokers of the initial parcels of land. Such consent is not required in the following cases:

1) formation of the parcels of land from the parcels of land which are in the state-owned or municipal property and provided state or to municipal unitary enterprises, the public or local government offices;

2) formation of the parcels of land based on the judgment providing the Section, consolidation, redistribution or apportionment of the parcels of land without fail;

3) formation of the parcels of land in connection with their withdrawal for the state or municipal needs;

4) formation of the parcels of land in connection with establishment of borders of the field and other temporary camps created till January 1, 2007 in borders of lands of forest fund for wood procurement, and the military camps created in borders of forest areas, forest parks on lands of forest fund or lands of defense and safety for placement subsequently of the abolished military units (divisions), connections, the military educational organizations of the higher education, other organizations of the Armed Forces of the Russian Federation, troops of national guard of the Russian Federation, bodies of the state protection (further - military camps);

5) formation of the parcels of land on which unauthorized constructions according to Item 5 of Article 46, Item 6.2 of Article 54, Item 2 of Article 54.1 of this Code are located;

6) formation of the parcel of land in connection with the Section of the parcel of land for the purposes, the stipulated in Article 13 Federal Laws of December 30, 2004 No. 214-FZ "About participation in shared-equity construction of apartment houses and other real estate objects and about modification of some legal acts of the Russian Federation" if other is not provided by the agreement of pledge.

5. Formation of the parcels of land from the parcels of land which are in private property and belonging to several owners is performed under the agreement between them on formation of the parcel of land, except for apportionment of the parcels of land on account of share in the right of common property to the parcels of land from lands of agricultural purpose according to the procedure provided by the Federal Law of July 24, 2002 No. 101-FZ "About land turnover of agricultural purpose" (further - the Federal Law "About Land Turnover of Agricultural Purpose").

6. Ceased to be valid according to the Federal Law of the Russian Federation of 31.12.2014 No. 499-FZ

7. Formation of the parcels of land from the parcels of land which are in borders of the built-up territory on which according to the Town-planning code of the Russian Federation the decision on its development is made and the agreement on development of the built-up territory is signed, it is performed by person with whom such agreement is signed, according to documentation on the layout of the territory approved according to the procedure, established by the legislation on town-planning activities.

8. Disputes on formation of the parcels of land are considered judicially.

Article 11.3. Formation of the parcels of land from the lands or the parcels of land which are in the state-owned or municipal property

1. Formation of the parcels of land from the lands or the parcels of land which are in the state-owned or municipal property is performed according to one of the following documents:

1) the boundary-setting plan approved according to the Town-planning code of the Russian Federation;

2) project documentation of the timberland;

3) the approved scheme of arrangement of the parcel of land or the parcels of land on the cadastral plan of the territory which is stipulated in Article 11.10 of this Code.

2. Formation of the parcels of land from the lands or the parcels of land which are in the state-owned or municipal property is allowed according to the approved scheme of arrangement of the parcel of land or the parcels of land on the cadastral plan of the territory in the absence of the approved boundary-setting plan taking into account provisions, stipulated in Item 3 these Articles.

2.1. Formation of the timberland for the purpose of placement of linear objects is performed based on the approved boundary-setting plan.

3. Only according to the approved boundary-setting plan formation of the parcels of land is performed:

1) from the parcel of land provided for complex development of the territory;

2) from the parcel of land provided to gardening or gardening non-commercial partnership;

3) ceased to be valid

4) in borders of the element of planning structure which is built up with apartment houses, except for formations of the parcel of land for the purposes, the stipulated in Article 13 Federal Laws of December 30, 2004 No. 214-FZ "About participation in shared-equity construction of apartment houses and other real estate objects and about modification of some legal acts of the Russian Federation", formations of the parcel of land for placement of objects of federal importance, objects of regional value, the objects of local value which are not linear objects, and also formations of the parcel of land for the purpose of its provision to owners of the buildings located on it, constructions;

5) for construction, reconstruction of linear objects of federal, regional or local importance.

4. Formation of the parcels of land from the lands or the parcels of land which are in the state-owned or municipal property for the purpose of their provision to citizens according to the Federal Law "About Features of Provision to Citizens of the Parcels of Land Which Are in the State-owned or Municipal Property and Located in the Territories of the Subjects of the Russian Federation Which Are Part of the Far Eastern Federal District and about Modification of Separate Legal Acts of the Russian Federation" is performed according to the specified Federal Law.

Article 11.4. Section of the parcel of land

1. In case of the Section of the parcel of land several parcels of land, and the parcel of land of which in case of the Section the parcels of land are formed are formed, stops the existence, except as specified, of both the 6th this Articles, and the cases provided by other Federal Laws specified in items 4.

2. In case of the Section of the parcel of land his owner has property right to all parcels of land formed as a result of the Section.

3. In case of the Section of the parcel of land which is in common property, participants of common property keep the right of common property to all parcels of land formed as a result of such Section if other is not established by the agreement between such participants.

4. The Section of the parcel of land provided to gardening or gardening non-commercial partnership is performed according to the boundary-setting plan. In case of the Section of such parcel of land one or several parcels of land intended for conducting by the citizen gardening or truck farming or relating to property public can be formed. At the same time the parcel of land which Section is performed remains in the changed borders (the changed parcel of land).

5. The Section of the parcel of land provided for complex development is performed by person with whom the agreement on complex development of the territory concerning such parcel of land is signed, according to the boundary-setting plan approved according to the procedure, established by the legislation on town-planning activities.

6. In case of the Section of the parcel of land one or several parcels of land with preserving the parcel of land which Section is performed, in the changed borders can be formed:

1) if such parcel of land is in the state-owned or municipal property;

2) for the purposes, the stipulated in Article 13 Federal Laws of December 30, 2004 No. 214-FZ "About participation in shared-equity construction of apartment houses and other real estate objects and about modification of some legal acts of the Russian Federation".

7. For the purpose of the Section of the parcel of land which is in the state-owned or municipal property and the executive body of the government or local government body, stipulated in Article 39.2 of this Code is provided on the right of permanent (termless) use, lease or free use, within one month from the date of receipt from the interested person of the statement for approval of the scheme of arrangement of the parcel of land or the parcels of land on the cadastral plan of the territory shall make the decision on approval of this scheme or the decision on refusal in its approval with indication of the bases for refusal. On the cadastral plan of the territory are applied to the statement for approval of the scheme of arrangement of the parcel of land or the parcels of land:

1) the scheme of arrangement of the parcel of land or the parcels of land prepared by the applicant on the cadastral plan of the territory which are offered to be formed and changed;

2) copies of title and (or) right certifying documents on the initial parcel of land if the rights to it are not registered in the Single state real estate register.

Article 11.5. Apportionment of the parcel of land

1. The apportionment of the parcel of land is performed in case of apportionment of share or shares from the parcel of land which is in equity property. In case of apportionment of the parcel of land one or several parcels of land are formed. At the same time the parcel of land from which the apportionment is performed remains in the changed borders (the changed parcel of land).

2. In case of apportionment of the parcel of land the participant of equity property according to whose statement the apportionment of the parcel of land is performed has property right to the formed parcel of land and the specified participant of equity property loses the right of equity property to the changed parcel of land. Other participants of equity property keep the right of equity property to the changed parcel of land taking into account the changed size of their shares in the right of equity property.

3. Features of apportionment of the parcel of land on account of land shares are established by the Federal Law "About Land Turnover of Agricultural Purpose".

Article 11.6. Consolidation of the parcels of land

1. In case of consolidation of the adjacent parcels of land one parcel of land is formed, and existence of such adjacent parcels of land stops.

2. In case of consolidation of the parcels of land the owner has property right to the formed parcel of land.

3. In case of consolidation of the parcels of land belonging on the property right to different persons such persons have right of common property to the formed parcels of land.

4. In case of consolidation of the parcels of land belonging on the right of common property to different persons they have right of common property to the formed parcel of land according to the civil legislation.

5. Consolidation of the parcels of land provided on the right of permanent (termless) use, right of lifetime inheritable possession or the right of free use, except as specified, is not allowed if all specified parcels of land are provided on the right of permanent (termless) use, right of lifetime inheritable possession or the right of free use to one person.

6. Consolidation of the parcel of land, pledged, with the parcel of land, not pledged is allowed. At the same time the right of pledge extends to all formed parcel of land if other is not provided by the agreement of the parties.

Article 11.7. Redistribution of the parcels of land

1. In case of redistribution of several adjacent parcels of land several other adjacent parcels of land are formed, and existence of such adjacent parcels of land stops.

In case of redistribution of lands and the parcel of land existence of the initial parcel of land stops and formed the new parcel of land.

2. In case of redistribution of the parcels of land which are in private property their owners have property right to the corresponding formed parcels of land according to agreements between such owners on formation of the parcels of land.

3. Redistribution of the lands and (or) the parcels of land which are in the state-owned or municipal property, among themselves (including redistribution between the parcels of land which are in the state-owned or municipal property and are provided to citizens, legal entities, public authorities or local government bodies, both lands and the parcels of land which are not provided to citizens, to legal entities, public authorities or local government bodies and are not encumbered with the third party rights, except for the servitude, the public servitude) and such lands and (or) the parcels of land and the parcels of land which are in private property is performed in cases and according to the procedure which are provided by Chapter V.4 of this Code.

4. Ceased to be valid according to the Federal Law of the Russian Federation of 23.06.2014 No. 171-FZ

Article 11.8. Origin and preserving the rights, encumbrances (restrictions) for the formed and changed parcels of land

1. Origin and reservation of ownership right on the formed or changed parcels of land are performed according to Articles 11.4 - 11.7 of this Code.

2. Person to whom it is provided on the right of permanent (termless) use, right of lifetime inheritable possession or the right of free use the parcel of land from which in case of the Section, consolidation or redistribution the parcels of land are formed has respectively right of permanent (termless) use, right of lifetime inheritable possession, the right of free use to the formed parcels of land.

3. In the cases specified in Items 1 and 2 of this Article, decision making about provision of the formed and changed parcels of land is not required.

4. In case of formation of the parcels of land from the parcels of land used based on lease agreements or free use use performing it saves face concerning the changed parcels of land the right of lease or free use and (or) has the right to the conclusion of lease agreements with it the formed and changed parcels of land or agreements of gratuitous fixed-term use by them on former conditions if other is not established by the agreement of the parties, without tendering (tenders, auctions).

5. The servitudes, public servitudes established concerning the parcels of land from which in case of the Section, consolidation, redistribution or apportionment the parcels of land are formed remain concerning the formed or changed parcels of land in former borders.

6. 4 and 5 these Articles of encumbrance (restriction) of the rights which are not specified in Items 2,, except for encumbrances (restrictions) of the rights which arose based on agreements remain concerning the formed parcels of land, the changed parcels of land in former borders. Pledge remains concerning the formed parcels of land, the changed parcels of land if other is not provided by the Federal Law. If such encumbrances (restrictions) of the rights to the parcels of land are established based on agreements, stipulated in Item 4 these articles of the rule about the conclusion of agreements, about change of agreements are applied.

Article 11.9. Requirements to the formed and changed parcels of land

1. Limiting (maximum and minimum) the sizes of the parcels of land concerning which according to the legislation on town-planning activities town-planning regulations are established are determined by such town-planning regulations.

2. Limiting (maximum and minimum) the sizes of the parcels of land to which action of town-planning regulations does not extend or concerning which town-planning regulations are not established, determined according to this Code, other Federal Laws.

3. Borders of the parcels of land shall not cross borders of municipalities and (or) borders of settlements.

4. Formation of the parcels of land is not allowed if their education results in impossibility of the permitted use of the real estate objects located on such parcels of land.

5. The Section, redistribution or apportionment of the parcels of land is not allowed if kept concerning the formed parcels of land of encumbrance (restriction) do not allow to use the specified parcels of land according to the permitted use.

6. Formation of the parcels of land shall not lead to vklinivaniye, vkraplivaniye, izlomannost of borders, strip farming, impossibility of placement of real estate objects and other shortcomings interfering rational use and protection of lands, and also to violate the requirements established by this Code, other Federal Laws.

7. Formation of the parcel of land which borders cross borders of territorial zones, forest areas, forest parks, except for the parcel of land formed for work on geological studying of subsoil, developments of mineral deposits, placements of linear objects, hydraulic engineering constructions, and also water storage basins, other artificial water objects is not allowed.

Article 11.10. The scheme of arrangement of the parcel of land or the parcels of land on the cadastral plan of the territory

1. The scheme of arrangement of the parcel of land or the parcels of land on the cadastral plan of the territory (further - the scheme of arrangement of the parcel of land) represents the image of borders of the formed parcel of land or the formed parcels of land on the cadastral plan of the territory. In the scheme of arrangement of the parcel of land the area of each formed parcel of land is specified and if formation of two and more parcels of land is provided, their conditional numbers are specified.

2. Preparation of the scheme of arrangement of the parcel of land is performed taking into account the approved documents of territorial planning, rules of land use and building, the site planning of the territory, land management documentation, provision about especially protected natural territory, availability of zones with special conditions of use of the territories, the parcels of land public, the territories public, red lines, location of borders of the parcels of land, location of buildings, constructions (including accommodation of whom is provided by state programs of the Russian Federation, state programs of the subject of the Russian Federation, targeted investment programs), objects of construction in progress.

3. Preparation of the scheme of arrangement of the parcel of land is provided with executive body of the government or local government body, stipulated in Article 39.2 of this Code if other is not provided by this Article.

4. Preparation of the scheme of arrangement of the parcel of land for the purpose of its education for provision without tendering can be provided with the citizen or the legal entity.

5. Preparation of the scheme of arrangement of the parcel of land for the purpose of its education for holding the auction selling the parcel of land or auction on right to contract of lease of the parcel of land can be provided with the citizen or the legal entity, except as specified formations of the parcel of land from the lands or the parcels of land located in borders of subjects of the Russian Federation - the federal cities of Moscow, St. Petersburg, Sevastopol or in borders of settlements.

6. Preparation of the scheme of arrangement of the parcel of land for the purpose of its education by the Section of the parcel of land which is in the state-owned or municipal property and provided to the legal entity on the right of permanent (termless) use can be provided with the specified legal entity. Preparation of the scheme of arrangement of the parcel of land for the purpose of its education by the Section of the parcel of land which is in the state-owned or municipal property and provided to the citizen or the legal entity on the right of lease or free use can be provided specified by the citizen or the legal entity.

7. Preparation of the scheme of arrangement of the parcel of land for the purpose of its education for the subsequent withdrawal for the state or municipal needs can be provided with person for benefit of whom the parcel of land is withdrawn.

8. In case of formation of the parcels of land by redistribution of the parcels of land which are in property of citizens and intended for maintaining personal subsidiary farm, truck farming, gardening, individual housing construction, and the lands and (or) the parcels of land which are in the state-owned or municipal property, preparation of schemes of arrangement of the parcels of land is provided with the citizens who are owners of such parcels of land.

9. Preparation of the scheme of arrangement of the parcel of land is performed in electronic form.

If preparation of the scheme of arrangement of the parcel of land is provided by the citizen for the purpose of formation of the parcel of land for its provision to the citizen without tendering, preparation of this scheme can be performed at the choice of the specified citizen in electronic form or in the document form on paper.

10. Preparation of the scheme of arrangement of the parcel of land in electronic form can be performed with use of the official site of the federal executive body authorized by the Government of the Russian Federation on implementation of the state cadastral registration, state registration of the rights, maintaining the Single state real estate register and provision of the data containing in the Single state real estate register (further - body of registration of the rights), on the Internet or with use of others technological and software.

11. The body of registration of the rights provides possibility of preparation of the scheme of arrangement of the parcel of land in electronic form with use of the official site of the specified body on the Internet by any interested person for a fee. The amount of such payment and procedure for its collection are established by the federal executive body authorized by the Government of the Russian Federation.

Preparation of the scheme of arrangement of the parcel of land in electronic form by public authorities or local government bodies with use of the official site of body of registration of the rights on the Internet is performed without collection of payment.

12. Form of the scheme of arrangement of the parcel of land which preparation is performed in the document form on paper of the requirement to format of the scheme of arrangement of the parcel of land by preparation of the scheme of arrangement of the parcel of land in electronic form, requirements to preparation of the scheme of arrangement of the parcel of land are established by the federal executive body authorized by the Government of the Russian Federation.

13. The scheme of arrangement of the parcel of land affirms the decision of executive body of the government or the local government body authorized on provision of the parcels of land which are in the state-owned or municipal property if other is not provided by this Code.

14. In the decision on approval of the scheme of arrangement of the parcel of land concerning each of the parcels of land which are subject to education according to the scheme of arrangement of the parcel of land are specified:

1) the area of the parcel of land formed according to the scheme of arrangement of the parcel of land;

2) the address of the parcel of land or in the absence of the address of the parcel of land other description of location of the parcel of land;

3) cadastral number of the parcel of land or cadastral numbers of the parcels of land from which according to the scheme of arrangement of the parcel of land formation of the parcel of land, in case of its education from the parcel of land, data on which are entered in the Single state real estate register, is provided;

4) the territorial zone in which borders the parcel of land is formed or if action of town-planning regulations does not extend to the formed parcel of land or for the formed parcel of land is not established the town-planning regulations, type of the permitted use of the formed parcel of land;

5) category of lands to which the formed parcel of land belongs.

15. Effective period of the decision on approval of the scheme of arrangement of the parcel of land constitutes two years.

16. The basis for refusal in approval of the scheme of arrangement of the parcel of land is:

1) discrepancy of the scheme of arrangement of the parcel of land to its form, format or requirements to its preparation which are established according to Item 12 of this Article;

2) complete or partial coincidence of location of the parcel of land which formation is provided by the scheme of its arrangement, with location of the parcel of land formed according to earlier made decision on approval of the scheme of arrangement of the parcel of land which effective period did not expire;

3) development of the scheme of arrangement of the parcel of land with violation stipulated in Article 11.9 of this Code of requirements to the formed parcels of land;

4) discrepancy of the scheme of arrangement of the parcel of land to the approved site planning of the territory, land management documentation, regulations on especially protected natural territory;

5) arrangement of the parcel of land which formation is provided by the scheme of arrangement of the parcel of land, in borders of the territory for which the boundary-setting plan is approved.

17. If borders of the parcel of land formed according to the scheme of arrangement of the parcel of land are crossed with borders of the parcel of land or the parcels of land formed according to the boundary-setting plan approved after day of approval of the scheme of arrangement of the parcel of land and before expiration of the decision on its approval, formation of the parcel of land is performed according to the approved scheme of its arrangement.

18. In the decision on approval of the scheme of arrangement of the parcel of land it is specified the right of the citizen or legal entity, filed petition for approval of the scheme of arrangement of the parcel of land, the address without power of attorney with the statement for the state cadastral registration of the formed parcel of land and for state registration of the property right of the Russian Federation, the property right of the subject of the Russian Federation or the right of municipal property to the formed parcel of land.

19. It is not allowed to demand from the applicant of coordination of the scheme of arrangement of the parcel of land, and also provision of the documents which are not provided by this Code.

20. The executive body of the government or local government body which made the decision providing approval of the scheme of arrangement of the parcel of land shall send in time no more than five working days from the date of adoption of the specified decision to body of registration of the rights the specified decision with appendix of the scheme of arrangement of the parcel of land, including with use of single system of interdepartmental electronic interaction and the regional systems of interdepartmental electronic interaction connected to it. The data containing in the specified decision and the scheme are subject to display on cadastral maps, held for use the unrestricted group of people.

21. Preparation of development by single institute in the housing sphere of the scheme of arrangement of the parcel of land in electronic form with use of the official site of body of registration of the rights on the Internet is performed without collection of payment.

Chapter II. Protection of lands

Article 12. Purposes of protection of lands

The purposes of protection of lands are prevention and liquidation of pollution, depletion, degradation, spoil, destruction of lands and soils and other negative impact on lands and soils, and also ensuring rational use of lands, including for recovery of fertility of soils on lands of agricultural purpose and improvement of lands.

Article 13. Content of protection of lands

1. Protection of lands represents the activities of public authorities, local government bodies, legal entities and physical persons directed to preserving the earth as the most important component of the environment and natural resource.

2. For the purpose of protection of lands owners of the parcels of land, land users, land owners and lessees of the parcels of land shall hold events on:

1) to reproduction of fertility of lands of agricultural purpose;

2) to protection of lands against water and wind erosion, mudflows, flooding, bogging, secondary salinization, siccation, consolidation, pollution by chemicals, including radioactive, other materials and microorganisms, pollution by production wastes and consumption and other negative impact;

3) to protection of agricultural holdings against overgrowing by trees and bushes, weed plants, to preserving meliorative protective forest plantings, preserving the reached melioration level.

3. Events for protection of lands are held according to this Code, the Federal Law of July 16, 1998 No. 101-FZ "About state regulation of ensuring fertility of lands of agricultural purpose", the Federal Law of January 10, 2002 No. 7-FZ "About environmental protection".

4. When carrying out the construction works and works connected with use of natural resources connected with violation of soil layer, the fertile layer of earth acts and used for improvement of unproductive lands.

5. Persons whose activities led to quality degradation of lands (including as a result of their pollution, violation of soil layer) shall provide their recultivation. Recultivation of lands represents actions for prevention of degradation of lands and (or) recovery of their fertility by means of reduction of lands in the condition suitable for their use according to purpose and the permitted use, including by elimination of consequences of pollution of soils, recovery of fertile layer of earth, creation of protective forest plantings.

6. The procedure for carrying out recultivation of lands is established by the Government of the Russian Federation.

7. If the negative impact on lands led to their degradation, deterioration in ecological situation and (or) violation of soil layer as a result of which implementation of economic activity is not allowed, and elimination of such consequences by recultivation is impossible, preservation of lands according to the procedure, established by the Government of the Russian Federation is allowed.

8. Persons whose activities were resulted by need of preservation of lands compensate to owners of the parcels of land on whom the decision on preservation, losses according to article 57 of this Code is made.

9. Protection of the lands occupied with cervine pastures in the region of the Far North, distant, seasonal pastures is performed in accordance with the legislation of the Russian Federation and the legislation of subjects of the Russian Federation.

Article 14. Use of the lands and the parcels of land which underwent to pollution by chemicals, including radioactive, other materials and microorganisms

Lands and the parcels of land which underwent to pollution by chemicals including radioactive, other materials and microorganisms, and also the buildings located on them, constructions are used according to the procedure, determined by the Government of the Russian Federation. On such lands and the parcels of land production and realization of agricultural products are forbidden.

Chapter III. Land ownership

Article 15. Land ownership of citizens and legal entities

1. Property of citizens and legal entities (private property) are the parcels of land acquired by citizens and legal entities on the bases, stipulated by the legislation the Russian Federation.

2. Citizens and legal entities have the right to equal access to acquisition of the parcels of land to property. The parcels of land which are in the state-owned or municipal property can be provided in property of citizens and legal entities, except for the parcels of land which according to this Code, the Federal Laws cannot be in private property.

3. Foreign citizens, stateless persons and foreign legal entities cannot have on the property right the parcels of land which are in the border territories which list is established by the President of the Russian Federation according to the federal legislation about Frontier of the Russian Federation, and in other territories of the Russian Federation established especially according to the Federal Laws.

Article 16. State-owned property on the earth

1. State-owned property are the lands which are not in property of citizens, legal entities or municipalities.

2. Differentiation of state-owned property on the earth on property of the Russian Federation (federal property), property of subjects of the Russian Federation and property of municipalities (municipal property) is performed according to this Code and the Federal Laws.

Article 17. Property of the Russian Federation (federal property) on the earth

1. In federal property there are parcels of land:

which are acknowledged as those Federal Laws;

the property right of the Russian Federation to which arose in case of differentiation of state-owned property on the earth;

which are acquired by the Russian Federation on the bases provided by the civil legislation.

2. ceased to be valid

Article 18. Land ownership of subjects of the Russian Federation

1. In property of subjects of the Russian Federation there are parcels of land:

which are acknowledged as those Federal Laws;

the property right of subjects of the Russian Federation to which arose in case of differentiation of state-owned property on the earth;

which are acquired by subjects of the Russian Federation on the bases provided by the civil legislation;

which are donated to subjects of the Russian Federation from federal property.

2. Ceased to be valid

3. In subjects of the Russian Federation - the federal cities of Moscow, St. Petersburg, Sevastopol the parcel of land from the property right to which the owner refused, is from the date of state registration of the termination of the property right to it property according to the subject of the Russian Federation - the federal city of Moscow, the subject of the Russian Federation - the federal city of St. Petersburg, the subject of the Russian Federation - the federal city of Sevastopol if by the laws of the specified subjects of the Russian Federation it is not determined that such parcel of land is property of the municipalities which are in the territories of the specified subjects of the Russian Federation.

Article 19. Municipal land ownership

1. In municipal property there are parcels of land:

which are acknowledged as those Federal Laws and the laws of subjects of the Russian Federation adopted according to them;

the right of municipal property to which arose in case of differentiation of state-owned property on the earth;

which are acquired on the bases established by the civil legislation;

which are gratuitously transferred to the municipal possession from federal property.

1.1. If other is not provided by other Federal Laws, the parcel of land from the property right to which the owner refused, is from the date of state registration of the termination of the property right to it property of the city district, residential or rural location or in case of arrangement of such parcel of land in the mezhselenny territory property of the municipal district in the location of the parcel of land.

2. ceased to be valid

3. The lands which are in property of subjects of the Russian Federation including outside borders of municipalities can be transferred to the possession of municipalities for ensuring their development gratuitously.

4. ceased to be valid

5. The parcels of land which are in property of subjects of the Russian Federation can be transferred gratuitously to the municipal possession for the purpose of their provision to the separate categories of citizens and (or) non-profit organizations created by citizens according to subitems 6 and 7 of Article 39.5 of this Code.

The parcels of land which are in municipal property of one municipality can be transferred gratuitously to the municipal possession of other municipality for the purpose of their provision to the separate categories of citizens and (or) non-profit organizations created by citizens according to subitems 6 and 7 of Article 39.5 of this Code.

The parcels of land which are in property of subjects of the Russian Federation, municipal property can be transferred gratuitously to the possession of subjects of the Russian Federation - the federal cities of Moscow, St. Petersburg, Sevastopol for the purpose of their provision to separate categories of citizens according to subitem 6 of Article 39.5 of this Code, and also to the separate categories of citizens and (or) non-profit organizations created by citizens in cases if the bases of free provision of the parcels of land to these persons are provided by this Code, other Federal Laws.

Chapter IV. Limited use of others parcels of land (servitude, public servitude), lease of the parcels of land, free use by the parcels of land

Article 20.

Voided according to the Federal Law of the Russian Federation of 23.06.2014 No. 171-FZ

Article 21.

Voided according to the Federal Law of the Russian Federation of 23.06.2014 No. 171-FZ

Article 22. Lease of the parcels of land

1. Foreign citizens, stateless persons can have the parcels of land located within the territory of the Russian Federation on the lease right, except as specified, provided by this Code.

2. The parcels of land, except for specified in item 4 of article 27 of this Code, can be provided in lease according to the civil legislation and this Code.

3. Voided according to the Federal Law of the Russian Federation of 23.06.2014 No. 171-FZ

3.1. Voided according to the Federal Law of the Russian Federation of 23.06.2014 No. 171-FZ

3.2. Voided according to the Federal Law of the Russian Federation of 23.06.2014 No. 171-FZ

4. The amount of the rent is determined by the lease agreement.

5. The lessee of the parcel of land, except for residents of special economic zones - lessees of the parcels of land, members of the free economic zone in the territories of the Republic of Crimea and the federal city of Sevastopol to which the parcels of land are provided in lease without tendering for implementation of agreements on the activities conditions in the free economic zone concluded according to the Federal Law of November 29, 2014 No. 377-FZ "About development of the Republic of Crimea and the federal city of Sevastopol and the free economic zone in the territories of the Republic of Crimea and the federal city of Sevastopol" and also the subjects of small and medium business leasing the parcels of land included in the lists of state-owned property and municipal property provided by part 4 of article 18 of the Federal Law of July 24, 2007 No. 209-FZ "About development of small and medium business in the Russian Federation" has the right to transfer the rights and obligations according to the lease agreement of the parcel of land to the third party, including to pledge leasehold interests of the parcel of land and to bring them as contribution to the authorized capital of economic partnership or society or share to production cooperative within the term of the lease agreement of the parcel of land without the consent of the lessor on condition of its notification if the lease agreement of the parcel of land does not provide other. In the specified cases responsible for the lease agreement of the parcel of land before the lessor is new lessee of the parcel of land, except for transfers of leasehold interests as a deposit. At the same time the conclusion of the new lease agreement of the parcel of land is not required.

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