of June 4, 2001 No. ZR-185
Accepted by National Assembly of the Republic of Armenia on May 2, 2001
This Code, proceeding from importance of nature protection, economic and social value of the earth thanks to what the earth in the Republic of Armenia is used and protected as condition of activity of the people, establishes the legal basis of enhancement of state regulation of land relations, development of various forms of business of managing on the earth, increases in fertility of soils, efficiency of land use, protection and improvement favorable for life and human health of the environment, protection of land rights.
Ownership, use and the order of the earth shall not do harm to the surrounding environment, defense capability and safety of the country, to violate the rights and interests of citizens and other persons protected by the law.
1. The land legislation includes relevant provisions of the Constitution and the Civil code of the Republic of Armenia, this Code and other laws of the Republic of Armenia adopted according to it governing land relations (further - the laws).
2. In the cases and limits provided by this Code and other laws governing land relations, state bodies and local self-government can adopt the regulatory legal acts governing land relations.
3. The laws and other regulatory legal acts governing the land relations provided by this Code shall correspond to this Code.
4. The civil code of the Republic of Armenia (further - the Civil code) in the part relating to the earth is applied to land relations taking into account provisions of this Code.
5. If the international treaties ratified by the Republic of Armenia establish other regulations, than those which are provided by this Code then are applied regulations of agreements.
1. State regulation of land relations includes:
1) determination of the directions of state policy in the field of management, ownerships, uses and orders land resources;
2) adoption of the laws and other regulatory legal acts governing land relations, and control of their execution;
3) establishment of the concept of land reform;
4) classification of land fund for purpose, land grounds and functional purpose;
5) implementation of programs and single investment policy in sphere of activity on increase in fertility, use and protection of lands, their natural agricultural division into districts;
6) establishment of the single principles of monitoring of the earth, land management, licensing of activities for inspection of lands;
7) management and the order of the lands which are in state-owned property, establishment and change of procedure for alienation, provision on right to use of the lands belonging to the state on the property right, establishment and change of the permitted use also;
9) establishment for certain lands of purpose of particular legal regime and restrictions of their use;
10) implementation of international cooperation in the sphere of use and protection of lands, increases in fertility of soils;
11) establishment of competences and procedure for activities of the state authorized bodies of management of land resources (further - authorized bodies of management), their relations with other state bodies and local government bodies;
12) ceased to be valid according to the Law of the Republic of Armenia of 13.07.2011 No. ZR-228
13) approval and publication of the annual land report of the republic;
14) maintaining the Single state inventory of real estate;
15) establishment of the principles of the paid nature, sizes of the real estate tax and tax benefits;
16) approval of the description of administrative borders of municipalities and areas.
2. Public administration land resources of the Republic of Armenia is exercised of the Government of the Republic of Armenia (further - the Government) directly or through authorized bodies of management.
2.1. Authorized body of management in regulation of land relations, maintaining the single State Immovable Property Cadastre, the registered rights and restrictions on the real estate, information management in use and the price according to Articles 31 - the 35th of this Code is the committee of the inventory, and in implementation of the state control - the inspection body exercising control in the sphere of land use.
3. Authorized bodies of management perform the powers conferred to them directly and (or) through the territorial subdivisions.
In the field of regulation of land relations local government bodies:
1) in the procedure established by the legislation of the Republic of Armenia are constituted and approve the master plan of community (settlement) (further – the master plan), the card of town-planning zoning and the scheme of use of lands, and also established and change target and functional values of lands, in the procedure established by the Government.
2) according to the card of town-planning zoning and the scheme of use of lands, in the procedure established by the legislation of the Republic of Armenia, are provided in case of alienation for social and state needs on the property right;
3) in accordance with the established procedure dispose of the parcels of land belonging to municipality on the property right;
- current accounting of lands;
- current classification of covering of the overland territory,
- levy upon property and the rent for the state and municipal lands,
- control of use of the parcels of land, of observance of restrictions on them,
- other powers established by the law;
- to the state accounting of lands,
- to ensuring protection of the parcels of land which are in administrative borders of municipalities
- to application of nature protection and historical and cultural regulations and implementation of measures for their application,
- to implementation of republican and territorial drafts of schemes of use of forest lands.
1. The public relations arising in connection with the order, ownership and use of the parcels of land and also between state bodies and local self-government, citizens and legal entities in connection with management of land resources are considered land.
Regulation of land relations is based:
1) on combination of use of the earth as natural object and real estate unit, fixed asset of production, and also territorial basis;
2) on variety of subjects of property and use of the earth, on establishment of competences of state bodies and local self-government in the sphere of regulation of land relations in the Republic of Armenia;
3) on the principles of equality of subjects of property in land relations;
4) on inadmissibility of the state intervention contradicting the law in activities of citizens and legal entities for the order and use of the earth.
The property relations arising in connection with the order the parcels of land are regulated by the Civil code, the laws and other regulatory legal acts containing regulations of the civil law if this Code does not provide other.
2. Subjects of land relations are the Republic of Armenia, municipalities, and also legal entities and citizens of the Republic of Armenia, foreign legal entities and citizens, stateless persons, foreign states, the international organizations and persons with the special status of the residence permit.
3. According to the Constitution of the Republic of Armenia foreign citizens and stateless persons cannot have the property rights to the earth in the Republic of Armenia. They can be only users of the earth.
The exception is constituted by persons with the special status of the residence permit in the Republic of Armenia.
3.1. On the personal, gardening parcels of land, and also the restrictions provided by the first paragraph of part 3 of this Article do not extend to the parcels of land for construction and servicing of the private apartment house, construction and servicing of public and production facilities, construction and servicing of the apartment apartment house.
4. Objects of land relations are the parcels of land and the rights to them.
1. The parcel of land is part of the land and underground Earth's surface which has the fixed borders, the territory (surface, code), the location, legal status with the restrictions provided by the laws which are registered and reflected in the Single state inventory of real estate.
2. Borders of the parcels of land are fixed on cadastral maps, in the documents certifying the property right, right to use and are established on the area.
3. Legal status of the parcel of land includes the property rights and other property rights and restrictions on it, its purpose registered in accordance with the established procedure.
4. The parcels of land, the rights to them and restrictions of their use, and also the objects (soil layer, the isolated water objects, the woods, long-term plantings, buildings, structures) fixed on the parcels of land which appointment cannot separate the earth without damnification from them are in circulation in inseparable type if the law does not provide other.
5. The parcel of land can be divisible and indivisible.
Dividend is the parcel of land which without change of the purpose and the permitted use can be divided into parts, each of which can become the independent parcel of land which is subject to state registration.
The parcel of land which cannot be divided by the purpose and the permitted use into the independent parcels of land is indivisible.
The parcel of land can be acknowledged indivisible on the basis of the law and other legal acts.
1. The land fund of the Republic of Armenia for purpose (categories) is subdivided on:
1) earth of agricultural purpose;
2) earth of settlements;
3) earth of the industry, subsurface use and other production appointment;
4) earth of objects of power, transport, communication, municipal infrastructures;
5) the earth of especially protected territories;
6) earth of special purpose;
7) forest lands;
8) earth of water fund;
9) earth of inventory.
2. The earth of any purpose on nature of use is subdivided into land grounds or the earth of functional purpose.
1. The covering of the overland territory is foreseeable biophysical covering of the Earth's surface.
2. The covering of the overland territory is subdivided on:
1) the cultivated lands – the lands used for cultivation of crops cover arable lands of agricultural purpose of land fund and long-term plantings, from lands of settlements – partially garden and gardening plots, from forest lands – arable lands;
2) meadows – the part of the overland territory covered with raznotravny vegetation covers from lands of agricultural purpose of land fund – haymakings, pastures, other land grounds partially, from lands of settlements – the earth of the mixed building and general use partially, the earth of especially protected territories partially, lands of special function partially, from forest lands – haymakings, pastures, other lands partially;
3) the territories covered with the wood – the part of the overland territories covered with wood vegetation covers the earth of especially protected territories of land fund partially, and from forest lands – the woods;
4) the territories covered with bush – the part of the overland territories covered with handicraft vegetation covers the earth of especially protected territories of land fund partially, and from forest lands – bushes;
5) the water territories – the part of the overland territories occupied with water objects (the rivers, natural and artificial reservoirs and lakes), cover the water territories of land fund partially and the earth of especially protected territories partially;
6) the territories deprived of vegetation – cover other land grounds of agricultural purpose of land fund partially, from lands of settlements – the garden and gardening plots partially, the earth of the mixed building and general use partially, public and other lands partially, the earth of industrial, subsurface user and other production function, the earth of objects of power, communication, transport, municipal infrastructures, the earth of especially protected territories partially, the earth of special function partially, other lands of forest appointment partially, water lands partially, reserve lands.
3. The procedure for classification of covering of the overland territory approves the Government of the Republic of Armenia.
1. The purpose of lands is complex of conditions, signs and features of use and operation of lands for particular purposes.
2. Voided according to the Law of the Republic of Armenia of 13.07.2011 No. ZR-228
3. The land ground is complex of features of lands of agricultural and forest purpose which characterizes their functional use.
4. The functional purpose of the parcel of land is complex of the physical, high-quality and normative features fixed by regulatory legal acts, town-planning and land management documentation which includes borders of the permitted use of the parcels of land and their changes.
5. The purpose of lands, land grounds, functional purpose of lands and restriction of use of lands are specified:
1) in decisions of state bodies and local self-government on establishment of particular legal regimes of provision (transfer) of the parcels of land or especially protected territories and uses of lands of other appointment;
2) in the certificates, agreements and other documents certifying the right to the parcel of land;
3) in documents of the Single state inventory of real estate;
4) in documents of state registration;
5) in schemes of use of lands, in master plans.
6. The legal regime of lands is set on the basis of the laws and regulatory legal acts.
Classification of land grounds and lands of functional purpose is performed by the state authorized bodies.
1) recognitions invalid judicially acts of state bodies and local self-government, and also bargains with the parcels of land concluded on their basis;
2) refusal in state registration of land right.
8. Determine that:
1) in case of change in accordance with the established procedure of target value of the parcels of land which are property of citizens or legal entities at the initiative of the owner, except for the parcels of land used (provided) for greenhouses, livestock, poultry-farming farms, refrigerating storage of the fruit and vegetables processing agricultural products, artificial ponds for cultivation of fish, the owner of the parcel of land depending on the location of property in three-months term pays to the budget of community difference of cadastral costs at the time of change of target value of the parcels of land if after change of target value of the parcels of land its cadastral cost is higher, than before change,
2) ceased to be valid according to the Law of the Republic of Armenia of 06.11.2013 No. ZR-109
3) the purpose of the parcel of land provided for construction hothouse, stock-raising, poultry-farming of refrigerating storage of the fruits vegetables processing agricultural products of farms, slaughterhouses and artificial fish ponds is considered changed according to the simplified procedure only after entry into force of the decisions on change of purpose of this parcel of land by the Council of Elders of community made in accordance with the established procedure according to the request of the owner and provision by the head of community of the architectural detailed design of this parcel of land and receipt of state registration of the rights to the parcel of land with the changed purpose that is reflected in the continuous accounting data of land fund and in annual land balances.
1. The permitted use of the parcel of land is use of the parcel of land on its target and functional purpose, including the established rights and restrictions.
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